Magroove Store Terms and Conditions
Welcome to the Magroove Store!
Magroove Store is an e-commerce Platform which allows artists to upload their Content in order to create custom products to be produced and sold by Magroove (the “Platform”).
These Magroove Store Terms and Conditions govern your relationship with MAGROOVE (“Magroove”, “we”, “our”, “us”) and the purchase of custom products on the Magroove Store Platform, either via the website magroovestore.com, the website magroove.com, and any sub-domains and subpaths (our “Website”, “Webapp”), or via our mobile and desktop apps (our "Apps"), as well as all related players, widgets, tools, applications, data, software, APIs and other services provided by Magroove (together, the “Services”).
These Magroove Store Terms and Conditions, together with our Magroove Store Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you and Magroove.
1. Acceptance of these Magroove Store Terms and Conditions
1.1. Please read these Terms and Conditions very carefully. If you do not agree to any of the provisions set out in this document, you should not purchase any product on the Platform. By having the relevant checkbox clicked during checkout, you represent and warrant that you have read and understood these Terms and Conditions, will abide by them.
1.2. You may not purchase any product if you are under 18 years old or under the Minimum Age according to the laws of your jurisdiction. By agreeing to these Terms and Conditions, you represent and warrant that you are above the age of majority and fully capable, or otherwise duly assisted or represented, according to the laws of your jurisdiction.
2. Changes to these Magroove Store Terms and Conditions
2.1. We reserve the right to change, alter, replace or otherwise modify these Terms and Conditions at any time, in our own discretion.
2.2. No changes to these Terms and Conditions shall apply to any completed or ongoing transaction, which shall be governed by the version of these Terms and Conditions in effect at the date and time of checkout.
3. Your Magroove account
3.1. You are not obliged to register an account to purchase a product. However, if you wish to register an account, you may do so in order to simplify future checkouts. In this case, please refer to our General Terms of Use and Privacy Policy, which govern your relationship with Magroove and your use of Magroove Services, for further information.
3.2. If you already have a Magroove account, you may login in order to simplify checkout.
4. Purchase of Products
4.1. By placing an order, you agree to pay the price specified during checkout (the “Price”), whether via Paypal or by providing us with your credit card information. The Price includes all costs of production, inspection, packing and freight and delivery of the products to the address specified during checkout. The Price does not include taxes, customs duties and fees, Paypal fees, credit card fees, exchange rates or spread, or other governmental charges eventually due with respect to the products, which shall be of your responsibility, whenever applicable.
4.2. In case of failure in collecting payment from the method specified during checkout, you will be notified via email to provide us with an updated payment method. Should you fail to provide us with an updated payment method within seven (7) days, your order will be automatically cancelled.
5. Delivery of Products
5.1. After confirmation of payment, we shall be responsible for producing and delivering the products to the address specified during checkout, either personally or via third party services of our choosing.
5.2. Please note that, since every product available on Magroove Store is custom-made, the estimated time of delivery informed during checkout may vary, and shall not be binding.
5.3. We shall bear all risks of loss and damage to the Products (excluding loss or damage caused by you), until delivery notice given by the respective shipping company.
6. Replacement and Refund Policy
6.1. If the product received does not correspond to the product you ordered, you may, within seven (7) days as of delivery date, require its replacement or refund. For further information on how to proceed, please email us at store@magroove.com.
6.2. In order to require replacement or refund, you must ship the product back to us. You shall be responsible for any shipping costs incurred when returning the products to us.
6.3. To be eligible for return, the product must be in the same condition that you received it.
6.4. Once we receive your product, we will analyze your requirement and notify you of our decision within seven (7) days. Should your requirement be accepted, we will ship the replacement product or provide for its refund within thirty (30) days. Should your requirement be rejected, we shall resend the product to you, and you shall be responsible the respective shipping costs.
7. Warranties
7.1. We warrant that all products available on the Magroove Store Platform:
(a) are safe and free from risk to health and safety;
(b) are compliant with all applicable laws;
(c) are of acceptable quality and free from all defects;
(d) are clearly and durably labelled and include all relevant warnings and instructions; and
(e) match the description and the specifications referred to in the Platform.
8. Intellectual Property Rights
8.1. All Content uploaded to Magroove Store by artists, in order to create custom products to be produced and sold by Magroove, are generated, owned and controlled solely by such artists, and not by Magroove. Nonetheless, Magroove holds all relevant licenses, on a worldwide, non-exclusive, royalty-free and fully paid basis, in order to reproduce, transmit, distribute, public display, public perform, make available to the public on the Platform or elsewhere.
8.2. You must not resell any of the products acquired from the Magroove Store Platform. Such sale would infringe the respective artist’s Intellectual Property Rights, and would be punishable by law.
9. Liability for content
9.1. You hereby acknowledge and agree that Magroove: (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content.
9.2. All products available on the Magroove Store Platform are automatically generated from Content uploaded by Magroove’s users. You hereby acknowledge and agree that Magroove cannot and does not review the Content created or uploaded by its users, and neither Magroove nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of our Terms of Use or applicable law.
9.3. Magroove’s users are the sole responsible for their Content. Magroove and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform.
By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Magroove or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
10. Limitation of liability
10.1. Magroove and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising out of:
(a) Any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by magroove or any relevant law enforcement authority regarding your use of the platform; and
(b) Any changes that magroove may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories;
(c) Any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
(d) Your failure to provide magroove with accurate or complete information, or your failure to keep your username or password suitably confidential;
(e) Any misconduct by other users or third parties using the platform, especially in breach of our terms of use;
(f) Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and
(g) Any loss of profits, loss of opportunity or any other loss which is not a foreseeable consequence of the breach of these terms of use by magroove. losses are considered foreseeable whenever they can be contemplated by you and magroove at the time you agree to these terms of use.
10.2. Any claim or cause of action arising out of or related to your use of the platform must be notified to magroove as soon as possible.
11. Termination
11.1. You may cancel your order, therefore terminating this Agreement, at any time before your order is shipped.
11.2. The provisions of these Terms and Conditions shall survive the termination or cancellation of this Agreement.
12. Assignment to third parties
12.1. Magroove may assign its rights and (when permitted by law) its obligations under this Agreement, in whole or in part, to any third party and at any time.
12.2. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Magroove.
13. Severability
13.1. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Magroove for Artists Terms of Use, which will remain in full force and effect.
14. Entire agreement
14.1. These Magroove Store Terms and Conditions, together with our Magroove Store Privacy Policy, as well as our general Terms of Use and Privacy Policy, constitute the entire agreement between you and Magroove with respect to your use of the Platform, and supersede any prior agreement between you and Magroove.
15. Applicable law and jurisdiction
15.1. This Agreement is subject to the laws of the Federative Republic of Brazil, and the Parties hereby agree to submit to the exclusive jurisdiction of the courts in the city of São Paulo, state of São Paulo, Brazil, for resolution of any dispute, action or proceeding arising in connection with this Agreement.