Terms & Conditions

 

Last updated: 7th of April 2021

 

Welcome to  MagdalenaK world (further MagdalenaK is referred as “Company”, “we”, “our”, “us”, “Seller”). Thank you for visiting http://www.MagdalenaK.com(further referred as Website) and getting to know one part of creations of costume designer and manufacturer Magdalena Klasnja. 

 

The offer and sale of products made on the website www.MagdalenaK.com are governed by these General Terms and Conditions. For any other legal information, consult the Privacy and Cookie Policy section. The customer is required, before submitting his purchase order, to carefully read these general Terms and Conditions and Privacy and Cookie Policy. Terms and Conditions and Privacy and Cookie Policy is altogether referred as Agreements. By deciding to access, browse or use the Website and its associated services in any way it means that you acknowledge that you have read and understood these Agreements, and agree to be bound of it without reservations, amendment or restriction. The submission of the Order Form implies full knowledge and express acceptance of both the aforementioned general Agreements and of what is indicated in the Order Form. Once the online purchase procedure is completed, the Customer is required to print or keep on its local media of choice these Agreements and the related Order Form, which have already been viewed and accepted.

 

These Agreements govern your use of our Website located at https://www.MagdalenaK.com that is operated by Magdalena Klašnja PR, Studio for Design, Production of Clothing Goods and Trade "Klašnja". This agreement also governs your use of our Website, and all its related Services, and explains how we collect, safeguard and disclose information that results from your use of our Website. http://www.MagdalenaK.comreserves the right to change the whole Agreements of this Website at any time. By continuing using this Website you acknowledge and agree that amended Terms and Conditions and Privacy and Cookie Policy will apply to you. 

 

If you do not agree with or cannot comply with Agreements, then you may not use this Website and its related Services, but please let us know by emailing at HELLO@MagdalenaK.com so we can try to find a solution. These Agreements apply to all visitors, users and others who wish to access or use or related Services on the Website.

 

1. Object

These Terms and Conditions relate to the sale of products made online through the e-commerce service on the Website www.MagdalenaK.comand all its related services. 

The products sold on the Website can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside of these countries will be rejected. However, if you would like that our products are delivered to a destination that is not listed here, you can write us directly toHELLO@MagdalenaK.com. We will do our best to find a convenient solution in order that you get your desired products.

 

2. Subjects

The products are sold directly by Magdalena Klašnja PR, Studio for Design, Production of Clothing Goods and Trade "Klašnja". Company’s details are the following:

Shop address: Belgrade Design District (Cumicevo Sokace), Magdalena K, Shop 16b, 11000 Belgrade, Serbia

Headquarters’ address. Radoja Dakica 11, 11080 Belgrade, Serbia

Activity: Specialized Design Activities 

Activity Code: 7410

Identification Number: 63543730

VAT Number (Tax Number - PIB): 108569414

Registration Number: 63543730

Telephone: +381 6 076 1901 7

Web: www.MagdalenaK.com

E-mail: HELLO@MagdalenaK.com

The site is created via Wix.com. 

For any request for information, you can contact us:

- by email at the following email address:  HELLO@MagdalenaK.com

- by phone at the following number: +381 6 076 1901 7

- by post to the following address: Belgrade Design District, Cumicevo Sokace, Magdalena K,Shop 16b, 11000 Belgrade, Serbia

 

These Terms and Conditions govern the offer, forwarding and acceptance of purchase orders for products on www.MagdalenaK.com and do not, however, govern the supply of services or the sale of products by subjects other than the Seller who are present on www.MagdalenaK.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from subjects other than the Seller, we suggest checking their Terms and Conditions, because the Seller is not responsible for the supply of services by third parties other than the Seller.

 

The products are sold to the Customer identified by the data entered when completing and sending the Order Form in electronic format with simultaneous acceptance of these Terms and Conditions. 

 

The products offered on the www.MagdalenaK.com Website are aimed at adult customers. If you are under 18 (eighteen) years of age, in order to purchase on the Website www.MagdalenaK.com you must first have the consent of one of your parents or a legal guardian. Remember: this is always true, not only for our Website, but for all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear you always ask your parents for help. By placing an order through this Website, you represent and warrant that: you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; that the information you supply to us is true, correct and complete; and that you are: whether more than 18 years old and possessing the full legal capacity to agree to a sale; or less than 18 years and be emancipated or duly authorised by your legal representative to agree to a sale.

 

The Customer is prohibited from entering false, and/or invented names, in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

 

By accepting these Terms and Conditions, moreover, you release the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by you when placing the order online, being yourself as a customer is solely responsible for your correct insertion.

3. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

The customer agrees that http://www.MagdalenaK.comis not responsible and cannot have any liability to anyone for any Customer content communicated via the Website or related social networks and services. All content that the Customer posts via http://www.MagdalenaK.com, its services, social networks or any other media of communication is treated and considered as non-confidential and non-proprietary. 

 

All content on the site belongs exclusively to http://www.MagdalenaK.comor its own suppliers and cannot be used in any means without prior written approval by http://www.MagdalenaK.com. All violations will be treated according to corresponding laws. 

 

If you may want to delete your account on the Website, you can always inform us by writing to HELLO@MagdalenaK.com.

 

4. The sale through e-commerce service

By online sales contract is meant the remote contract concerning the sale of movable goods (hereinafter Products) entered into between you, as Customer, and Magdalena K, as Seller, as part of a trade service electronic organized by the Seller who, for this purpose, uses the remote communication technology called the Internet.

To conclude the purchase contract for one or more Products, you will need to fill out the Order Form in electronic format (hereafter Order) and send it to the Seller through the Internet following the relative instructions.

The Order contains:

- a reference to these General Terms and Conditions;

- information and images of each Product and its price;

- the means of payment that you can use;

- the methods of delivery of the Products purchased and the related shipping and delivery costs;

- a reference to the conditions for exercising your right of withdrawal;

- the methods and times for returning the purchased products.

 

Although Magdalena K constantly adopts measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the colour resolution features of the computer you use. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Website if due to the aforementioned technical reasons, since these representations are merely illustrative.

 

Before concluding the contract, you will be asked to confirm the reading of the General Terms and Conditions including the information on the right of withdrawal and the processing of personal data.

 

The contract is concluded when the Seller receives your Order Form through the Internet, after verifying the correctness of the data relating to your order.

The language available to conclude the contract with the Seller is English and the applicable law is of the Republic of Serbia.

 

Once the contract is concluded, the Seller will process your Order for its fulfilment.

 

5. Order fulfilment

By submitting the Order via the Internet, you unconditionally accept and undertake to observe, in relations with the Seller, these Terms and Conditions.

 

Once the contract is concluded, the Seller will send you, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs from the above article.

The possibility remains, on the part of the Seller, before sending the Order Confirmation, to request further information by e-mail or by the telephone indicated by you with reference to the Order sent by you through the Internet.

 

The Seller may not process your purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up on your Order specifying the reasons. In this case, the sum previously committed to the Customer's means of payment will be decommitted.

If the products presented on the Website are no longer available or on sale after sending the Order, the Seller will notify you promptly and in any case within thirty (30) working days from the day following the one in which you have sent your order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed to the Customer's means of payment will be decommitted.

The Seller undertakes to deliver the products ordered to the Customer no later than 30 (thirty) days from the date of conclusion of the contract.

Each sale made by the Seller through the online sales service may concern one or more products, without limit of quantity for each item.

 

Magdalena K reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute relating to a previous order. This applies equally to all cases in which Magdalena K deems the customer unsuitable, including, by way of example, the case of previous breaches of contract conditions for online purchase on the Website or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind. We reserve the right to refuse or cancel your purchased order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

6. Selling prices

Unless otherwise indicated in writing, all prices of the Products and the shipping and delivery costs indicated on the Website and in the Order are to be considered VAT not applicable and expressed in Euros. The validity of the prices indicated is always and only that indicated by the Website at the time of transmission of the Order through the Internet. Therefore, make sure of the final sale price before submitting the relevant Order. For payments in Serbia, all payments will be proceeded in Serbian currency – dinar (RSD). The amount you will be charged for is obtained through the conversion of the price in Euro into Serbian dinar according to the exchange rate of the National Bank of Serbia at the moment of purchase. 

 

All Products are shipped directly from Serbia. The prices of the Products and the shipping and delivery costs indicated on the Website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes, which cannot be calculated in advance, if the shipment takes place in countries where the current legislation provides for import charges. Existence of any tax and duty costs related to the Customer’s address of shipping and of residence are on charge of the Customer and have to be regulated. In the case that such additional costs exist, it is on the Customer to find out the obligations of the country that the Customer wanted the products to be shipped. These costs (customs duties, related taxes specific to the country of shipping) are therefore charged to the Customer and must be paid directly upon delivery of the Products.

ADVICE: 

Please keep in mind that the shipment may be subject to your local customs import taxes. For more information on that, please contact your local customs office.

 

7. Terms of payment

To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the Order Form on the website www.MagdalenaK.com and which are summarized below.

You have more different options how you can proceed with the payment upon your order indicated below. For all payment options, all details of how to proceed with the offsite payment will be emailed to you shortly after you confirm your Order by sending us an email to HELLO@MagdalenaK.com by communicating the following information:

- your preferred payment method

- your first and last name 

- model name, size and shade

- your shipping address

- your telephone number (used only for delivery purposes)

- if you are a private entity, please send us also the address, registration number, and tax identification number of your company

 

Payment options:

- PayPal (outside of Serbia) – onsite payment

We will need your shipping address, mobile phone and your email address in order to send you the invoice that can be regulated via PayPal service.

- E-banking (worldwide) – offsite payment

After you confirm your order, you will make a payment through your e-banking account by using the service of wire transfers. All payment details will be emailed to you upon your order confirmation. If you pay outside of Serbia, we advise you to better use PayPal, as in case of e-banking service there could be some additional banking fees for international wire transfers.

- Cash on Delivery (available only in Serbia) – offsite payment

Postage payment involves paying the purchase order exclusively by cash to the courier at the moment you receive your order.

- With a payment slip at the bank or post office counter (available only in Serbia) – offsite payment

This method of payment implies that after confirming the purchase order you will receive the details in order make a payment from the purchase order to our account at any post or bank office.

 

Note:

If you do not make a payment within 7 days from the invoice date, it will be cancelled and deleted. After the expiration of 7 days, it is not possible to make a payment for this order, except if it is not confirmed by us after verification if the product is still available on our stock. Otherwise, you can make a new order and make a payment on it.

 

If you wish to purchase any product or service made available through Service of Purchasing (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, your contact details and your shipping information.

 

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchase process. By submitting your information, you grant us the right to provide the information to these third parties subject to our Agreements.

 

All payment details will be automatically emailed to you upon your online payment or upon your Order if you have chosen offsite payment methods.

 

The Company reserves the right to change the prices at any time without prior notice. Products will be billed 

based on the applicable prices at the time an Order is confirmed.

 

The price that is displayed on an individual product page is the price you are expected to pay to magdalenak.com. First shipping is offered free of charge. For all further returns, the shipping costs will be added. 

Please keep in mind that the shipment may be subject to your local customs import taxes. For more information on that, please contact your local customs office.

 

8. Paypal, credit cards and prepaid cards

 

The ordered Product Price will be immediately charged. In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process is automatically cancelled and the sale automatically terminated.

 

For online orders on our Website we accept PayPal, credit card and prepaid card payments without any additional charge on the cost of the product and first shipping of each Order. It is understood that you must hold a valid credit card and/or PayPal account when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. Without these conditions it will not be possible to proceed with the Order. The commitment to pay made by means of a bankcard, PayPal or any other offline methods is irreversible. By providing the information concerning his or her payment method details, the Customer authorises the Company to debit from his or her bankcard, PayPal the amount corresponding to the price of the order placed on the Website.

 

At no time during the purchase procedure Magdalena K is able to know the information relating to your credit card (for example, the credit card number or the expiry date), transmitted via a connection protected by an encrypted protocol directly to the Website of the third party managing the electronic payment (e.g. 2checkout, bank or Paypal). No computer file of the Seller will keep such data.

 

In no case can the Seller therefore be held responsible for any fraudulent and undue use of credit cards and prepaid cards by third parties.

 

The Customer undertakes to pay the full price when placing the Order.  The Company will only confirm the Order upon receipt of the full price. The Products shall remain the property of the Company until payment of the full price by the Customer.

 

9. Shipping and delivery of products

 

Each shipment contains:

- the product(s) ordered;

- the relative transport document / accompanying invoice;

- any information and marketing material.

 

The delivery of the Products purchased through the Seller's Website can take place in different ways.

 

Delivery to the Customer's indicated address - The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. First shipping of each Order is offered free of charge for the following destinations: Albania, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Ghana, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Kazakhstan, Latvia, Lebanon, Lithuania, Luxembourg, Macedonia, Malta, Mexico, Moldova, Montenegro, Morocco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Serbia, Romania, Russian Federation, Saudi Arabia, Singapore, Slovakia, Slovenia, South African Republic, South Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States. 

If you are based out of these destinations, feel free to contact us. 

 

Upon receipt of the products at the Customer’s shipping address, we ask the Customer to check the integrity of the packages at the time of delivery by the courier and to report to the partner of the Company responsible for delivery, within 3 (three) days of the delivery of the Products, any anomaly, default, damaged or opened parcel, missing or defective Product(s), and to the company responsible for the delivery and copy our mail HELLO@MagdalenaK.com. In the absence of any complaint within the above-mentioned time limit to the aforementioned partner and to the Company, all action shall be extinguished and the Products shall be considered to have been unreservedly accepted

 

The goods will be delivered within thirty working days. You will receive the invoice that you already received by email. For deliveries outside Serbia, any customs duties and charges shall be borne by the Customer. We friendly advise you to find about your local tax regulations before making an order. Magdalena K cannot give you advice or information about your country's tax regulations regarding taxes and tariffs. The Company is not required to verify and inform the Customer of the applicable charges and duties. It is for the Customer to obtain such information from the competent authorities in the country to which delivery is made. Should the Customer decline to pay the customs duties and charges, any sums payable by the Company as a result of the return of the Product(s) shall be charged to the Customer and deducted from the refund.

 

To track open orders, the Customer may consult the Website of the partner responsible for the delivery, or contact the Customer Service.

First shipping is offered free of charge. For all further returns, the shipping costs will be added.

Please keep in mind that the shipment may be subject to your local customs import taxes. For more information on that, please contact your local customs office. 

 

10. Right of withdrawal, return, exchange or cancellation of products

Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the Website for purposes unrelated to any business or professional activity carried out), will he/she have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. The term is considered respected if the Customer returns the goods before the expiry of the 14-day period. Above that delay, all returns will be refused. 

The Customer should let know the Company of his/her decision to withdraw by writing to us and stating the order number and attach the copy of the receipt by using one of the following methods of contacting us:

- by email:  HELLO@MagdalenaK.com

- by post: Belgrade Design District, Cumicevo Sokace, Magdalena K,Shop 16b, 11000 Belgrade, Serbia

We will acknowledge receipt of the withdrawal and return to the Customer a Return Form to be completed and sent to the above-mentioned addresses.

 

The Product(s) should be returned by the Customer to the following address, date as per postmark: Belgrade Design District, Cumicevo Sokace bb, Magdalena K, Shop 16b, 11000 Belgrade, Serbia. The Product(s) should be returned by tracked mode of delivery, under the responsibility of the Customer, who must retain the proof of shipping. The costs of the return (all shipping, import or other additional costs) will be on charge of the Customer. If such costs exist, they will be deducted from the refund amount. We do not accept returns in person.

 

In case of exercise of the right of withdrawal, the Seller will reimburse the corresponding refund, within 14 days from the date of receipt by the same of the Products returned in the manner indicated above, by crediting the amount to be reimbursed with the same methods of payment chosen by you at the time of the Order or other methods to be agreed. All refunds will be issued in the same currency as the original purchase. Any differences in the amount refunded are due to exchange rate fluctuations and will not be reimbursed.

 

In the event of exercising the right of withdrawal without respecting the methods indicated above (e.g. beyond the 14 days established by law, or without having filled in the Return Form etc.), the Seller will return the purchased Products to you by charging you also the additional shipping costs.

 

The right of withdrawal cannot be applied in the case of customized products upon your explicit request when placing the order.

 

The right of withdrawal is subject to the following conditions:

- All goods must be returned in original condition, including manufacturer packaging, labels, tags, documentation and any accessories within the package and products.

- The returned Products must be returned in their entirety and not on parts or components thereof even in the case of kits;

- the returned Products must not have been used, worn, washed or damaged;

- the returned Products must be returned in their original packaging;

- the returned Products must be sent to the Seller in a single shipment, i.e. as indicated in the invoice of the purchased products. Each shipment should contain all goods indicated in the invoice. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times;

- the returned Products must be delivered to the courier within fourteen (14) days from the date you received the products;

- in the event that the Seller, upon purchasing a specific package of Products, offers the possibility of purchasing them at a lower price than that which would normally be practiced by purchasing them individually (e.g. 6 × 5, 3 × 2 etc.) , the right of withdrawal can also be exercised by returning only some of the products purchased: in this case, the price will be recalculated taking as a reference the price normally applied for the purchase of the single product. In all other cases (e.g. bundled sales, prize transactions, etc.) the right of withdrawal can only be exercised by returning all the Products purchased, therefore excluding any partial exclusion.

Please ensure returns are carefully packaged so they do not get damaged during return shipping. Once we receive the goods you will get the full refund (minus the costs related to import fees if they exist).

 

If the right of withdrawal is exercised by you in accordance with the previous conditions above, the Seller is required to reimburse the sums paid by the Customer no later than 14 days from the day on which the same was informed of your decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods. The Seller will use the same means of payment used by you for the initial transaction for the re-credit, unless you explicitly ask the Seller to use a different means and the latter agrees. 

 

In case of withdrawal, the shipping costs and any theft or loss of the products purchased will be your direct responsibility. We advise you to consider insurance possibilities that your courier offers when you decide to return goods.

 

For the return you can choose a courier of your choice. Only in case of return due to a defect in the product, the seller will collect and ship the costs to the address indicated by you. The Seller exempts you from any liability in the event of loss or damage to the products during transport. The Seller assumes no responsibility for products returned by mistake or for forgotten items in the packages or returned products.

 

If we encounter repeated returns from the same customer more than 3 times, this customer will be marked red and will not have a possibility of return in the future six moths. 

 

Magdalenak.com may have more different warehouses. You accept that in case you order more products, we can split the delivery into several packages. 

 

Returns will be refused if goods arrive used or damaged, but we are happy to help you with any manufacturer defects. We do not accept reclaims due to the leather damages, or for damages caused by water. All leather is of a high quality. Our shoes are made of natural materials such as leather and therefore any change in colour, scratching or colour bleeding during their life is considered as natural aging of the product and cannot be considered as a defect. 

 

The Customer may not claim a refund or damages, in particular where delivery could not be effected for the following reasons:

-  a failure to provide information during the Order or an error of the Customer in providing his or her address details or the details of the place of delivery;

- the absence of the Customer; or

- the unavailability of the Customer.

 

11. Guarantee of non-compliant products

The Seller is responsible for any defect in the products offered on the Website, including the non-conformity of the items with the products ordered, in accordance with the provisions of Serbian law.

 

If the Customer has entered into the contract as a Consumer (by this definition any natural person acting on the Website for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that both conditions are respected indicated below:

- a) the defect occurs within 12 months from the date of delivery of the products;

- b) the Customer submits a formal complaint relating to the defects within a maximum of 1 month from the date on which the defect was recognized by the latter;

- c) the Return Form is correctly completed.

 

In particular, in the event of non-compliance, the Customer who entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction. If none of the above is possible to be offered by the Seller, there will be the termination of the contract relating to the disputed goods and the consequent return of the price.

All return costs for defective products will be borne by the Seller.

12. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy and Cookie Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

13. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

 

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you owe it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

 

MagdalenaK has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of MagdalenaK or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

14. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

- In any way that violates any applicable national or international law or regulation.

- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

 

Additionally, you agree not to:

- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

- Use any device, software, or routine that interferes with the proper working of Service.

- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

- Take any action that may damage or falsify Company rating.

- Otherwise attempt to interfere with the proper working of Service.

15. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by MagdalenaK. MagdalenaK has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

 

16. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MagdalenaK and its licensors. Service is protected by copyright, trademark, and other laws of Serbia and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of MagdalenaK.

 

17. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to HELLO@MagdalenaK.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

 

18. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

19. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

20. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Republic of Serbia, which governing law applies to agreement without regard to its conflict of law provisions. These Terms and Conditions are drafted in English. Any translation into a foreign language has no value and may not be held against the Company on any grounds whatsoever.

 

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

In case of dispute as to the interpretation, performance or validity of these General Conditions, Serbian courts shall retain exclusive jurisdiction.

 

22. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users. 

 

23. Amendments To Termsand Conditions

We may amend Terms and Conditions at any time by posting the amended terms on this Website. It is your responsibility to review these Terms and Conditions periodically.

Your continued use of the Website (htttps://www.magdalenak.com) following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We will notify you of any changes by posting the new Agreements on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Terms and Conditions. You are advised to review this Terms and Conditions periodically for any changes. Changes to this Terms and Conditions are effective when they are posted on this page. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

Customer Service

For any information request, the Magdalena K team is at your disposal and can be contacted: 

- by email:  HELLO@MagdalenaK.com

- by phone: +381 6 076 1901 7

- by post: Belgrade Design District, Cumicevo Sokace, Magdalena K,Shop 16b, 11000 Belgrade, Serbia

 

Customer communications

The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the email address indicated at time of registration, with the possibility of downloading information on a durable medium in the ways and within the limits provided by the Website.