Jul 16, 2023
1. Introduction
1.1. Company details
The website www.mugsmag.com is owned and operated by DEVXART SRL, a company based in Romania, with the following registration details:
1.2. About
The following terms and conditions define the interaction between Mugsmag ("mugsmag.com", "www.mugsmag.com", "we," "us") and our users ("you," "your") and establish the principles governing this relationship. We recommend that you carefully read these terms and conditions before using any of the services or products offered by Mugsmag. Continuing to use the platform means that you have read and agreed to the terms and conditions of this agreement and, therefore, are subject to them.
2. Clarification of terms used
Seller · Mugsmag
Buyer · can be any individual over the age of 16 or a legal entity that creates an account on the site and places an order.
Client · can be any individual over the age of 16 or a legal entity that has or obtains access to content through any means of communication provided by Mugsmag (electronic, telephone, etc.) or based on an existing user agreement between Mugsmag and the client, requiring the creation and use of an account.
User · any individual over the age of 16 or a legal entity registered on the site, who, by completing the account creation process, agrees to the site-specific clauses in the terms and conditions section.
Account · the section of the site consisting of an email address and a password that allows the buyer to place an order and contains information about the client/buyer and the buyer's history on the site (orders, invoices, warranties, etc.). The user is responsible for ensuring that all information entered when creating the account is correct, complete, and up-to-date.
My Cart · a section of the account that allows the buyer/user to add goods or services they want to purchase at the time of adding or at a later time. If the goods or services are not purchased at the time of adding through placing an order, the buyer/user will benefit from the seller's service of tracking goods or services by receiving commercial communications from the seller.
Site · the online store hosted at the web address www.mugsmag.com and its subdomains.
Order · an electronic document that serves as a form of communication between the seller and the buyer, through which the buyer communicates their intention to purchase goods or services from the seller through the site.
Goods or Services · any product or service listed on the site, including products and services mentioned in the order, to be provided by the seller to the buyer under the contract.
Campaign · the action of commercially exposing a finite number of goods or services with a limited and predefined stock for a limited period determined by the seller.
Contract · represents the distance contract concluded between the seller and the buyer, without the simultaneous physical presence of the seller and the buyer.
Content:
Review · a written evaluation by the owner or beneficiary of a good or service, a review based on personal experience and their ability to make qualitative comments and to state whether the good or service complies with the specifications mentioned by the manufacturer or not
Rating · a way of expressing the degree of satisfaction of a user / client / buyer with a product. The rating is expressed in the form of stars, each good can receive a score from one star to five stars. This degree of satisfaction will always be associated with the written review by the user / client / buyer regarding a good or service
Document · these Terms and Conditions
Commercial Communications · any type of message sent (such as: email/sms/phone/web push/etc.) containing general and thematic information, information about products similar or complementary to those purchased, information about offers or promotions, information about goods or services added in the "account/cart" section or "account/favorites" section, as well as other commercial communications such as market research and opinion polls
Transaction · the collection or refund of an amount resulting from the sale of goods or services by Mugsmag to the buyer, using the services of the card processor agreed upon by the seller, regardless of the delivery method
Specifications · all specifications and/or descriptions of goods or services as stated in their description
3. Contractual Documents
3.1. By placing an order on the site, the buyer agrees to the form of communication (telephone or email) through which the seller conducts its commercial operations.
3.2. The notification received by the buyer after placing the order serves as information and does not represent the acceptance of the order. This notification is made electronically (by email) or by phone.
3.3. For justified reasons, the seller reserves the right to modify the quantity of goods and/or services in the order. If the seller modifies the quantity of goods and/or services in the order, they will notify the buyer at the email address or phone number provided to the seller when placing the order and will refund the amount paid.
3.4. The contract is considered concluded between the seller and the buyer when the buyer receives, through email and/or SMS, the notification of order dispatch from the seller.
3.5. The document and information provided by the seller on the site will form the basis of the contract, and in addition to this, the warranty certificate issued by the seller or one of its suppliers for the purchased goods will be considered.
4. Online Sales Policy
4.1. Access to place an order is permitted to any user / buyer.
For justified reasons, Mugsmag reserves the right to restrict the access of the user / buyer to place an order and/or to some of the accepted payment methods, if it considers that, based on the conduct or activity of the user / buyer on the site, their actions could in any way harm Mugsmag. In any of these cases, the user / buyer can contact the Customer Relations Department of Mugsmag to be informed about the reasons that led to the application of the aforementioned measures.
4.2. Communication with the seller can be done through direct interaction or through the addresses mentioned in the "contact" section of the site. The seller has the freedom to manage the information received without being required to justify this.
4.3. In case of an unusually high traffic volume from an internet network, Mugsmag reserves the right to request users / buyers to manually enter captcha validation codes to protect the information on the site.
4.4. Mugsmag may publish on the site information about goods and/or services and/or promotions practiced by it or by any other third party with which Mugsmag has partnership contracts, for a certain period and within the limit of available stock.
4.5. All fees related to goods and/or services presented on the site are expressed in Romanian Leu (RON) and include VAT.
4.6. In the case of online payments, the seller is not/is not able to be held responsible for any additional costs borne by the buyer, including but not limited to currency conversion fees applied by the issuing bank of their card, if the currency of issue differs from RON. The buyer is solely responsible for this action.
4.7. All information used to describe the goods and/or services available on the site (static/dynamic images, multimedia presentations, etc.) do not represent a contractual obligation on the part of the seller; they are used exclusively for presentation purposes.
5. Assignment and Subcontracting
5.1. The seller may assign and/or subcontract a third party for the fulfillment of the order, informing the buyer, and the buyer's agreement is not required. The seller will always be responsible to the buyer for all contractual obligations.
6. Intellectual and Industrial Property Rights
6.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text, and/or multimedia content presented on the site, is the exclusive property of Mugsmag, and all rights obtained in this regard are reserved directly or indirectly (through usage and/or publication licenses).
6.2. The client / buyer / user is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than the one originally intended by Mugsmag, include any content outside the site, remove signs indicating Mugsmag's copyright on the content, and participate in the transfer, sale, distribution of materials made by reproducing, modifying, or displaying the content, except with the express written consent of Mugsmag.
6.3. Any content to which the client / buyer / user has and/or gains access by any means is subject to the document, in case the content is not accompanied by a specific and valid user agreement concluded between Mugsmag and the client / buyer / user, and without any implicit or express warranty from Mugsmag regarding that content.
6.4. The client / buyer / user may copy, transfer, and/or use content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the document.
6.5. If Mugsmag grants the client / buyer / user the right to use, as described in a separate user agreement, specific content that the client / buyer / user has or gains access to through this agreement, this right extends only to that or those contents defined in the agreement, only for the duration of its existence or the existence of these contents on the site, or the period defined in the agreement, under the conditions defined if they exist and do not represent a contractual commitment from Mugsmag to the respective client / buyer / user or any other third party who has/obtains access to this content, by any means and who could be or is harmed in any way by this content during or after the expiration of the user agreement.
6.6. No content transmitted to the client, user, or buyer, through any means of communication (electronic, telephone, etc.) or acquired by them through access, visit, and/or viewing constitutes a contractual obligation on the part of Mugsmag and/or the employee/agent of Mugsmag who mediated the transfer of the content, if it exists, to that specific content.
6.7. Any use of the content for purposes other than those expressly permitted by this document or the accompanying user agreement, if it exists, is prohibited.
7. Order
7.1. The client / buyer can place orders on the site by adding the desired goods and/or services to the shopping cart and then finalizing the order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a good and/or service is available for purchase as long as there is stock available for it. Adding a good/service to the shopping cart, without completing the order, does not result in the registration of an order, and implicitly, no automatic reservation of the good/service.
7.2. By finalizing the order, the buyer consents that all data provided by them, necessary for the purchase process, is correct, complete, and true on the date of placing the order.
7.3. By finalizing the order, the buyer consents that the seller may contact them, by any means available/agreed upon by the seller, in any situation where contacting the buyer is necessary.
7.4. The seller may cancel an order placed by the buyer, following prior notification to the buyer, without any subsequent obligation of either party to the other, or without either party being able to claim damages from the other, in the following cases:
7.4.1. the data provided by the client / buyer on the site is incomplete and/or incorrect;
7.5. The buyer has the right to withdraw from the contract, respectively, to return a good, within 14 calendar days, without invoking any reason and without bearing other costs than the delivery costs. Thus, according to Emergency Ordinance no. 34/2014, the return period of a good or renunciation of a service expires within 14 days from:
7.5.1. the day on which the buyer physically takes possession of the last good – in case the buyer orders multiple products in a single order that will be delivered separately;
7.5.2. the day on which the buyer physically takes possession of the last good or the last piece – in the case of the delivery of a product consisting of multiple lots or pieces.
7.6. In case the buyer decides to withdraw from the contract, they can complete the return form online.
7.7. If the client / buyer requests withdrawal from the contract within the legal withdrawal period, they must also return any gifts that accompanied the respective product. In case the order is paid, the seller will refund the amount within a maximum of 14 days from the date the seller is informed by the buyer about their decision to withdraw from the contract. The amount will be refunded as follows:
7.8. The seller may postpone the refund until the receipt of the sold goods or until the receipt of proof that they have been shipped if they have not offered to recover the goods themselves (the latest date will be taken).
7.9. If a good and/or service ordered by the buyer cannot be delivered by the seller, the latter will inform the client / buyer about this fact and will refund the buyer's account the value of the good and/or service, within a maximum of 7 days from the date on which the seller learned about this fact or from the date on which the buyer expressly expressed their intention to terminate the contract.
8. Confidentiality
8.1. Mugsmag will keep the confidentiality of information of any kind that you provide. The disclosure of the provided information can only be made under the conditions mentioned in this present document.
8.2. No public statement, promotion, press release, or any other form of disclosure to third parties shall be made by the buyer / client regarding the order / contract without the prior written consent of the seller.
8.3. By transmitting information or materials through this site, you grant the seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the seller may freely use, for its own interest, this information, ideas, concepts, know-how, or techniques that you have sent us through the site. Mugsmag will not be subject to confidentiality obligations regarding the sent information unless the applicable legislation provides otherwise.
9. Commercial Communications
9.1. The buyer / user / client can modify their option regarding the agreement given to the seller for commercial communications containing general and thematic information, including information about offers or promotions, at any time by:
9.1.1. accessing the unsubscribe link displayed in the commercial communications received from the seller; or
9.1.2. contacting the seller.
9.2. After purchasing a good or service, the seller will send buyer / user commercial communications regarding:
9.3. The client / user can unsubscribe at any time from the commercial communications mentioned above by accessing the unsubscribe link displayed in the commercial messages received from Mugsmag or by contacting Mugsmag for this purpose.
9.4. Also, to improve the offer of goods and services and the shopping experience, we will use your data to conduct market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only for the purposes mentioned above. Your responses to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties, nor will they be published. You can object to the use of data for market research and opinion polls at any time by accessing the unsubscribe link displayed in the message or by contacting Mugsmag.
10. Billing – Payment
10.1. The prices of goods and services displayed on the website www.mugsmag.com include VAT according to the current legislation.
10.2. The price, payment method, and payment term are specified in each order. The seller will issue an invoice to the buyer for the delivered goods and services, and the buyer's obligation is to provide all the necessary information for issuing the invoice in accordance with the current legislation.
10.3. For the correct communication of the invoice related to the order, the buyer has the obligation to update, whenever necessary, the data in their account and to access the information and documents related to each order, available in the account.
10.4. By using this communication method, the buyer, by accessing their account, will have a record of the invoices issued by Mugsmag, being able to save and archive them at any time and in any way they prefer.
10.5. By placing the order, the buyer expresses their agreement to receive invoices in electronic format by adding them by Mugsmag to their account or via email, at the email address mentioned in their account.
10.6. If this information is unavailable for more than 48 hours in the account, please notify us by contacting the seller.
11. Goods Delivery
11.1. The delivery conditions for goods and services sold by Mugsmag can be found in the Orders Delivery section.
11.2. The seller will ensure the proper packaging of the goods and will provide the accompanying documents.
11.3. The seller will only deliver goods and services within the territory of Romania.
12. Warranties
12.1. All goods sold by Mugsmag benefit from warranty conditions in accordance with current legislation and the commercial policies of the manufacturers.
12.2. For a correct communication of the warranty certificate related to the goods in the order, the buyer is obliged to update, whenever necessary, the data in their account and to access the information and documents related to each order, available in the account.
By this means of communication, the buyer, by accessing their account on Mugsmag, will keep a record of the warranty certificates issued by Mugsmag, being able to save and archive them at any time and in any way they desire.
12.3. In the case of warranty certificates issued by manufacturers, the good claimed as defective during the warranty period must be presented directly to the nearest service center mentioned in the certificate. This authorized center appointed by the manufacturer will take full responsibility for warranty resolution.
The absence of the warranty certificate for the good must be reported within 48 hours of receiving the good. Any later complaints will not be considered.
13. Transfer of Ownership of Goods
13.1. Ownership of the goods will be transferred upon delivery, after payment is made by the buyer at the location specified in the order (understanding by delivery – signing the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by the seller's personnel).
14. Liability
14.1. The Seller cannot be held responsible for damages of any kind that the buyer or any third party may suffer as a result of the fulfillment by the seller of any of its obligations according to the order and for damages resulting from the use of the goods and services after delivery, especially for their loss.
14.2. By creating and using the account, the user / buyer assumes responsibility for maintaining the confidentiality of the account data (username and password) and for managing account access, and, to the extent permitted by applicable law, is responsible for the activity carried out through the account.
14.3. By creating the account and/or using the content and/or placing orders, the customer / user / buyer expressly and unequivocally accepts the terms and conditions of the site in the latest updated version communicated on the site, existing at the time of creating the account and/or using the content and/or at the time of placing the order.
14.4. The Seller reserves the right to update and modify the terms and conditions of the site periodically to reflect any changes in the operation and conditions of the site or any changes in legal requirements. The document is opposable to customers / users / buyers from the moment of display on the site. In the event of any such changes, we will display the modified version of the document on the site, so please check the content of this document periodically.
15. Writing Reviews
15.1. Writing reviews can be done by users / clients / buyers in the "Reviews" sections. The information provided can be both positive and negative, and should relate to the features and use of a product or service.
15.2. At the time of posting a particular review on the site, users / clients / buyers grant the seller a non-exclusive, perpetual, irrevocable, territorially unlimited license, and give the right to the seller to use, reproduce, modify, adapt, publish, translate, distribute, and display this content.
15.3. Each user/client/buyer, at the time of posting a review in the mentioned sections, agrees to abide by the following rules:
15.4. In addition to a realistic critical evaluation, when submitting a review, user / client / buyer will also add a relevant rating for the respective product or service. Reviews, along with their corresponding ratings, will influence the overall rating of the product or service, a number that appears in parentheses next to their title. Thus, a review accompanied by a high rating leads to an increase in the overall rating, while a review accompanied by a low rating leads to a decrease in the overall rating.
Users / clients / buyers who submit reviews with attached photo files will adhere to the following rules:
15.5. When a review is flagged by a user / client / buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully reviewed by the seller to determine if it violates the terms and conditions of the site. Texts or photos introduced are removed from the site only after examination by the seller.
15.6. In case the seller identifies a repeated violation of the Terms and Conditions, it reserves the right to suspend the user's / client's / buyer's ability to submit reviews.
16. Processing of personal data
16.1. See the privacy policy regarding the processing of personal data, which is part of this document.
17. Use of Cookies
17.1. See the cookie policy, which is part of this document.
18. Force Majeure
18.1. Neither party shall be liable for the non-performance of its contractual obligations if such non-performance, on time and/or adequately, in whole or in part, is due to an event of force majeure. Force majeure is an unforeseeable event, beyond the control of the parties, and cannot be avoided.
18.2. If, within 15 days from the occurrence of such an event, it does not cease, each party shall have the right to notify the other party of the full termination of the contract, without either party being able to claim any other damages.
19. Applicable Law – Jurisdiction
19.1. This contract is subject to Romanian law. Any disputes arising between the seller and users / buyers will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in Bucharest.
20. Final Provisions
20.1. This document is the contract between the seller and the user / client / buyer and is supplemented by the documents mentioned in it.
20.2. If any provision of this document is found to be void, this will not affect the validity of the other provisions.
20.3. The seller reserves the right to make any changes to this document at any time, any changes being effective for both orders already placed and orders to be placed.
20.4. The seller reserves the right to make changes to the site, its structure, and any other changes that may affect the site, without the need for any prior notice to users / clients / buyers.
20.5. The seller will not be liable for any errors resulting from the typing of information regarding the goods and/or services or their prices, if the error is due to the seller's fault.
20.6. The seller reserves the right to refuse the order of a buyer / user / client without any further obligation to any of the parties.
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