Allgemeine Geschäftsbedingungen von Magavena.com

  1. Definitions

    1. Active Partner (interchangeably: Active Customer) – a person or entity registered on the Website that has made a Purchase in a given Calendar Month, with Green Active Status.
    2. Personal Data – information on an identified or identifiable natural person within the meaning of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation).
    3. QRcode - a unique alphanumeric graphic code enabling Registration on the Website.
    4. Account – ICT resources as part of the Website, can be accessed by the Partner after one-time Registration and each time by entering the name and password (login). The account includes in particular:
      1. Partner's Personal Data;
      2. Current Partner Status and Activity Status;
      3. Individual QR Code and Reference Link to create your own Affiliate Network;
      4. List and number of members of the individual Affiliate Network;
      5. Information on the Activity Status of the members of the Affiliate Network;
      6. Information about the Partner's Remuneration;
      7. Information about the Discounts available to the Partner;
      8. Module for the purchase of Goods.
    5. Consumer – a natural person who performs a legal transaction with the entrepreneur not directly related to its business or professional activity, who is also a customer.
    6. Reference link – a link containing an individual identifier enabling Registration on the Website.
    7. Calendarmonth – a period counted from the first to the last day of the calendar month from 0:00 to 24:00 UTC (London).
    8. Partner (interchangeably: Customer, Member of the Affiliate Network) –a natural person registered on the Website who is 18 years of age and has full legal capacity (in the case of persons between 13 and 17 years of age, confirmation of any contract is required by their legal guardians) or an entity - a legal person or an organizational unit which is not a legal person to which specific provisions confer legal capacity.
    9. Discount - a percentage discount on the price of a specific product set in the Magavena.com store, granted to Partners depending on the value of purchases.
    10. Terms and Regulations (interchangeably: Provisions) – this document.
    11. Registration – a one-time activity consisting in setting up an Account by the Customer, made with the use of a unique QR code or a reference link via the administrative panel provided by the Seller on the Website.
    12. Webpage – website available at www.magavena.com through which the Partner may purchase Goods and collect remuneration for activity in the System.
    13. Affiliate network – an individual structure of Partners assigned to the Partner's Account built from:
      1. persons or entities obtained independently by the Partner using a unique QR code or a reference link downloaded from their own Account, who register in the Magavena System;
      2. Affiliate Network members acquired by Partners from its Network, up to the level corresponding to the number of own Partners
    14. Activity status – designation of the Partner related to his activity in the implementation of purchases of Goods in the Magavena.com store:
      1. Green status - indication of the Active Partner who will make a purchase at the Magavena.com store at least once in a Calendar Month;
      2. Yellow status - indication of the Partner who did not make a purchase in the Magavena.com store in the Calendar month;
      3. Red status - indication of an inactive Partner who has not made a purchase in the Magavena.com store within three calendar months. The red status, maintained for a period of 12 Calendar Months, results in the removal of the Partner's account from the System.
    15. Partner Status – indication of Partner related to the size of the created own Affiliate Network:
      1. "CUSTOMER" - status received by a Partner whose Affiliate Network consists of no more than 7 Active Partners;
      2. "TESTER" - status received by a Partner whose Affiliate Network consists of 8 to 87 Active Partners;
      3. "MANAGER" - status received by a Partner whose Affiliate Network consists of 88 to 887 Active Partners;
      4. "DIRECTOR" - status received by a Partner whose Affiliate Network consists of 888 to 8,887 Active Partners;
      5. "PRESIDENT" - status received by a Partner whose Affiliate Network consists of 8,888 to 8,8887 Active Partners;
      6. "KING" status received by an Affiliate whose Affiliate Network consists of 88,888 or more Active Partners.
    16. Seller – "Magavena Ltd" based in: 1st Floor, Ealing Cross, 85 Uxbridge Road, Ealing, London W5 5TH, United Kingdom.
    17. Page (Pages) - Seller and / or Partner.
    18. System – a unique, copyright-protected affiliate and sales system called Magavena, associating Partners (Customers).
    19. Goods – every item that was presented on the Website for the purpose of selling it.
    20. Contract for the sale of goods – a sales contract regarding the Goods, concluded between the Seller and the Partner via the Website.
    21. Services Agreement – an agreement concluded between the Seller and the Partner, concluded each time for an indefinite period with the Partner's use of the Website's functionality, and in the case of creating an Account with Registration.
    22. Service (Services) – a service provided by the Seller electronically on the terms set out in the Terms and through the Website. These include providing the Partner with the possibility to:
      1. Conclude a Contract for the sale of the Goods via the Website;
      2. Create and maintain an Account.
    23. Remuneration –financial gratification for the Partner, paid in cash or in kind to cover the payment for the Goods.
    24. Completed Purchase - the purchase status is created automatically on the 20th day from the date of sending the parcel by the Seller with the Goods ordered by the Partner, unless the Goods have previously been returned or complained about.

  2. Subject of Provisions

    1. The Provisions regulate
      1. rules for providing Services on the Website;
      2. rules for concluding Contracts for the sale of Goods via the Website;
      3. principles of operation of the Magavena System.

  3. Rules for the provision of Services on the Website

    1. As part of the Website, the Seller undertakes to provide the Service to the extent and on the terms set out in the Terms and Conditions.
    2. The use of the Service is possible provided that the IT system used by the Partner meets the following minimum technical requirements:
      1. Internet Explorer version 9.0 or newer with enabled JavaScript and cookies or Mozilla Firefox version 22.0 or newer with enabled JavaScript and cookies;
      2. Google Chrome version 30 or newer with JavaScript and cookies enabled, Safari 5 or newer with JavaScript and cookies enabled;
      3. Opera 20 or newer with JavaScript and cookies enabled, minimum screen resolution of 1200x 800 pixels.
    3. The Seller uses cookies only to collect information related to the use of the Website, and in particular for:
      1. maintaining the Partner's session;
      2. adjusting the Website to the Partner's needs;
      3. creating website subpages viewing statistics;
      4. for the Seller's marketing purposes.
    4. The Seller reserves the right to modify the technical method of providing the Services, in accordance with the scope and conditions resulting from the rights held, as well as in accordance with the technical capabilities, without deteriorating its quality, and without affecting the scope of the rights and obligations of the Parties.
    5. The Seller has the right to temporarily suspend the provision of the Service on the Website in relation to all or some of the Accounts in connection with the necessary maintenance work. The above will be done after prior notification of the Partners (e.g. by sending an appropriate message to the Accounts and entering a message on the Website) and for the shortest possible time.
    6. In order to ensure the security of the transmission of messages in connection with the Service provided, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Service provided.

  4. Contract for the sale of goods

    1. The contract for the sale of the Goods may be concluded only with the Partner registered on the Website.
    2. The contract for the sale of the Goods is concluded when the Partner presses the functionality marked as "Buy now" as part of the shopping path, and in the case of payment by pressing the functionality marked as "Pay now".
    3. The contract does not apply in the absence of actual payment for the Goods. The contract may be concluded only through the Website, i.e. using its functionality. The subject of the contract will be determined at the last stage of the purchasing path.
    4. The Seller is obliged to deliver the Goods without legal and physical defects. A guarantee on the goods may be provided only by their manufacturer.
    5. Delivery of the Goods will be made no later than within 30 (in words: thirty) days from the date on which the payment for the Goods was received.
    6. The goods are delivered by shipment via a courier company or post, at the customer's choice, and in the case of wholesale orders - in a manner individually agreed with the Partner. Any additional costs, and in particular delivery costs, will be clearly indicated when placing the order. There are no restrictions on the countries to which delivery of the Goods can be made.
    7. Payment for the Goods may be made using the methods indicated at the beginning of the ordering process. Payment for the Goods should be made by the Partner immediately upon placing the order for the Goods. All payments are made in currencies: Euro (EUR), Polish zloty (PLN) or US dollar (USD) at the exchange rate of the Partner's bank. Payment for goods may be accepted via the PayU payment system.
    8. All complaints regarding the Goods and their delivery should be submitted to the e-mail address support@magavena.com The complaint will be considered within no more than 1 (in words: one) month from the date of its delivery to the Seller. The Seller shall immediately inform the Partner about the result of the complaint.

  5. Withdrawal from the Contract for the sale of goods

    1. A Partner who is a Consumer may withdraw from the Contract for the sale of the Goods that was concluded with the Seller via the Website, without giving any reason, by submitting an appropriate statement within 14 days (in words: fourteen days). The period indicated above is counted from the day on which the Product was taken into possession by the Partner who is a Consumer. The declaration of withdrawal from the Goods Sale Agreement may be sent by the Partner who is a Consumer to the e-mail address support@magavena.com or the Seller's correspondence address: Magavena Ltd based in: Craven House Ground Floor, 40-44 Uxbridge Road, Ealing, London W5 2BS, United Kingdom.
    2. The Partner who is a Consumer does not bear the costs of withdrawal from the Contract for the Sale of Goods, with the provision that in the event of withdrawal from the Contract for the Sale of Goods, the Partner who is a Consumer bears the following costs:
    3. the cost of returning the Goods (return shipment);
    4. If the Consumer has chosen a method of delivering the Goods other than the cheapest standard delivery method available on the Website, the Seller is not obliged to refund the additional costs of delivering the Goods to the Consumer.
    5. The Seller undertakes to immediately, no later than within 14 days from the date of receipt of the Partner's declaration of withdrawal from the Contract for the sale of the Goods, return to the Consumer all payments made by him using the same method of payment as used by the Consumer, provided that the Seller is entitled to withhold the reimbursement of payments received from the Consumer until the Goods are received back or the Consumer provides proof of their return, depending on which event occurs first.
    6. A template of an exemplary statement of withdrawal from the Goods Sale Agreement has been placed on the Webpage.
    7. The right to withdraw from the Contract for the sale of the Goods is not entitled to the Consumer in relation to the contract, the subject of which is the Goods delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.

  6. The rules of functioning of the Affiliate Network

    1. As part of the personal Account set up on the Website, the Partner may receive an individual QR code and a reference link that he may provide to any person or entity in order to create his own Affiliate Network.
    2. The QR code and referral link are activated with the first transaction in Magavena.com.
    3. The Partner creates his own, individual Affiliate Network, which is assigned only to his Account.
    4. The affiliate network is made up of:
      1. persons or entities obtained independently by the Partner using a unique QR code or a reference link downloaded from their own Account, who register in the Magavena System;
      2. Affiliate Network members acquired by Partners from its Network, up to the level corresponding to the number of own Partners
    5. The Affiliate Network can be expanded without limiting the number of new Partners.
    6. The number of Active Affiliates in the Affiliate Network determines the Affiliate Status (see point 15 Definitions).
    7. The Affiliate Network allows the Affiliate to receive remuneration depending on its size and the activity of its individual members.

  7. Remuneration of Partners

    1. The original Magavena System provides for the possibility of remunerating Partners depending on the Status held.
    2. The remuneration for the Partner is calculated as a percentage commission on the net value of the Purchases of Goods made in a given Calendar Month by:
      1. Active members of the Affiliate Network of a given Partner;
      2. Active members of the Affiliate Networks up to the level corresponding to the maximum number of own Affiliates in a given Partner Status.
    3. Remuneration for purchases made by Active Members of the Affiliate Network of the Partner, referred to in paragraph 2 point 2 above, is calculated in the order of purchase.
    4. The amount of the commission referred to in paragraph 2 above depends on the Partner's Status and amounts to:
      1. 10% (in words: ten percent) - for Partners with the status - "TESTER";
      2. 20% (in words: twenty percent) - for Partners with the "MANAGER" status;
      3. 30% (in words: thirty percent) - for Partners with the status - "DIRECTOR";
      4. 40% (in words: forty percent) - for Partners with the status - "PRESIDENT";
      5. 50% (in words: fifty percent) - for Partners with the "KING" status.
    5. The Partner's remuneration is expressed in money in Euro (EUR).
    6. Information on the amount of the Remuneration is presented to the Partner as part of the "Portfolio" functionality assigned to the Partner's Account.
    7. The remuneration may be paid to the Partner with Green Status in the form of:
      1. cash on the basis of the Partner's instruction to the bank account indicated by him;
      2. non-monetary as a financial equivalent refunding the costs of purchasing Goods by the Partner in the Magavena.com store.
    8. The remuneration of the Partner with the Yellow Status is stored in the "Portfolio" function until reaching the Green Status.
    9. Partner Red Status resets the remuneration in the "Wallet" function.
    10. Remuneration in cash is paid on the basis of a bill or invoice generated in the Magavena System containing:
      1. Partner data;
      2. The bank account number indicated by the Partner and verified;
      3. The amount of the Remuneration resulting from the settlement of transactions within the Affiliate Network in a given Calendar Month on the terms covered by the Provisions.
    11. Remuneration in a non-cash form is credited to the Partner's Account (Wallet function) and may be used by the Partner to purchase Goods in the Magavena.com store.
    12. Data for the settlement of remuneration are generated within 7 days after the end of the Calendar month. The settlement includes commissions on Purchases Completed within the Affiliate Network during one Calendar Month.
    13. The Seller pays the Remuneration in cash in the gross amount. No taxes or other public levies are charged on the Remuneration.
    14. The obligation to correctly settle the paid Remuneration rests with the Partner in accordance with the regulations in force in the Partner's country of residence.
    15. Magavena is not responsible for violations of tax or other regulations related to the receipt of remuneration by Partners.

  8. Discounts

    1. As part of the Purchases, the Partner is entitled to Discounts on the (net) prices of the Goods specified in the Magavena.com store.
    2. Discounts are available to the Partner in the amount of:
      1. 8% on the prices of the Goods, after making purchases for a total amount exceeding EUR 88;
      2. 17% on the prices of the Goods, after making purchases for a total amount exceeding EUR 888;
      3. 26% on the prices of the Goods, after completing the purchase for a total amount exceeding EUR 8,888;
      4. 35 % on the prices of the Goods, after making purchases for a total amount exceeding EUR 88.888;
      5. 44% on the prices of the Goods, after making purchases for a total amount above 888,888 Euro.
      6. Information about the Discount to which the Partner is entitled is generated on the Partner's Account.
    3. The Discounts granted to the Partner are entitled to the Partner for an indefinite period.
    4. Discounts are calculated automatically by the Magavena System based on the Completed Purchases.
    5. A Partner using the Discount system, in the event of further resale of Goods purchased in the Magavena.com store, is obliged to offer them at a price not lower than that offered on the Website.
    6. In the event of a breach of the provisions of paragraph 5 above, the Partner's Account may be suspended by blocking the possibility of further activity or its complete removal.

  9. Complaints regarding the operation of the Website and termination of the contract for the provision of Services

    1. During Registration, as well as when using the Service, the Partner is obliged to: provide truthful, accurate and valid data, not misleading and not infringing the rights of third parties, as well as to keep the Account password secret and not to disclose it to others people.
    2. The partner is solely responsible for:
      1. The content of the data provided by himself;
      2. Choosing a password for the Account;
      3. Disclosing his Account password to others.
    3. Each person who performs the Registration on behalf of an organizational unit or legal person with legal capacity declares that he is fully entitled to conclude a contract for the provision of Services on behalf of and for the above-mentioned organizational unit or legal person.
    4. When using the Service, the Partner is obliged to immediately notify the Seller about any irregularities, faults or interruptions in the functioning of the Website and about the poor quality of the Service.
    5. Irregularities, defects or interruptions in the functioning of the Service or their inadequate quality may be reported by the Partner to the e-mail address: support@magavena.com.
    6. Through the Webpage, the Seller enables:
      1. obtaining information about the Webpage;
      2. accepting the reports referred to in section 5 above;
      3. submitting a complaint regarding the operation of the Webpage.
    7. The Partner has the right to submit a complaint within one month (1) from the date on which the Service was improperly performed. A complaint submitted after the expiry of the period specified in the first sentence shall not be considered, of which the Seller shall immediately notify the Partner.
    8. The complaint may be submitted in writing or by using other means of distance communication, including electronic means, unless it is technically possible. The Seller reserves the right to interfere with the Account to the extent necessary to remove the disruption or problem in the operation of the Account or the Webpage. The date of submission of the complaint is the date of sending it.
    9. Each Party is entitled to terminate the Agreement for the provision of Services without giving reasons and with a 3-day notice period, subject to the rights acquired by the other Party before the termination of the Agreement. There is no minimum period during which the Agreement may not be terminated.
    10. The Seller, wishing to terminate the Agreement with the deadline specified in paragraph 9 above, will inform the Partner about it at the e-mail address provided by the Partner during Registration.
    11. The Partner terminates the Agreement, with the deadline specified in paragraph 9 above, by deleting the Account himself, consisting in submitting, as part of the Account administration panel, an instruction to delete it.

  10. Final provisions

    1. Recognition of individual provisions of these Terms and Conditions in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Provisions. In place of an invalid or ineffective provision, the rule that is closest to the purposes of the invalid or ineffective provision and the entire content of the Provisions will be applied.
    2. In matters not covered by these Regulations, the provisions of the law in force in England and Wales shall apply.
    3. The Seller reserves the right to amend these Provisions at any time. In this case, the Seller will inform about the change in the Partner's Terms and Conditions in the message that will be sent to the Partner's Account or his e-mail address. In the absence of termination of the contract for the provision of electronic services by the Partner, in the manner provided for in the Provisions, within 14 days from the date of delivery of the change to the Provisions, it is considered that the change has been accepted. Any change to the Terms and Conditions may not affect the provisions for the sale of Goods concluded prior to its announcement and application.
    4. The current content of the Terms and Conditions in Polish is published at magavena.com in a manner that enables its storage (recording) and multiple reproduction in the ordinary course of action.
    5. The parties exclude the application of the "United Nations Convention on Contracts for the International Sale of Goods".
    6. The Terms and Regulations shall enter into force on 11/09/2020.

The owner of the webpage is


Magavena Ltd
1st Floor, Ealing Cross
85 Uxbridge Road,
Ealing
London W5 5TH
United Kingdom
UTR 42255 27566