General Terms and Conditions Last revised: 19.08.2024

The original version of our Terms was written in French (Switzerland). Any translated version is provided for your convenience only. In the event of any conflict between the translation of our Conditions and the French version, the French version shall prevail.

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 Website owner, offer and application of conditions

 This website is owned and operated by Matheo Marchioni. These terms and conditions define the conditions under which you may use our website and the services we offer. This website offers visitors tutorials on magic tricks. By accessing or using our service website, you acknowledge that you have read and understood these conditions and agree to be bound by them.

Who can use your website; what are the requirements for creating an account?

 In order to use our website and/or benefit from our services, you must be at least 16 years old or have reached the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these terms and conditions as a binding agreement. You are not authorized to use this website and/or receive services if this is prohibited in your country or under any law or regulation applicable to you.
 
Main terms of business offered to customers

 When you purchase an item, you agree that (i) it is your responsibility to read the complete list of items before committing to purchase them; (ii) you enter into a legally binding contract for the purchase of an item when you commit to purchase an item and complete the payment procedure.
The prices we charge for the use of our services / for our products are shown on the website. We reserve the right to change the prices of products displayed at any time and to correct any pricing errors that may inadvertently occur. Additional information on prices and sales tax is available on the payment page.
“The price of services and all other charges related to the use of the service, such as taxes and any transaction fees, will be debited from your payment method on a monthly basis.

Return and refund policy

 No returns or refunds are possible.

Retention of right to modify offers

 We may, without notice, modify the Services, discontinue providing the Services or any feature of the Services we offer, or create limits on the Services. We may terminate or suspend access to the services permanently or temporarily, without notice or liability, for any reason or no reason.
 
Intellectual Property, Copyrights and Logos
 
The Service and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and all related intellectual property rights, are the exclusive property of Matheo Marchioni. Except as expressly provided herein, nothing contained in these Terms shall be construed as conferring any license under or to any such intellectual property rights, and you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works based on such rights.
 You acknowledge and agree that by uploading any content (including, but not limited to, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, interfaces, text and literary works) by any means to the website, you confirm that you own all relevant rights or have received the appropriate license to upload/transfer/send the content. You agree and consent that uploaded/transferred content may be publicly displayed on the website.

Right to suspend or cancel a user account
 
We may terminate or suspend your access to the Service permanently or temporarily, without notice or liability, for any reason, including if we believe that you are in violation of any provision of these Terms or any applicable law or regulation. You may stop using the service and request cancellation of your account and/or any service at any time. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to automatically renewed paid services, such subscriptions will be discontinued only upon expiration of the respective period for which you have already made payment.

Indemnification

 You agree to indemnify and hold Matheo Marchioni harmless from any demand, loss, liability, claim or expense (including attorneys' fees), made against them by any third party due to or arising out of or in connection with your use of the Website or any services offered on the Website.

Limitation of liability

 To the maximum extent permitted by applicable law, in no event shall [website owner] be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use of or inability to use the service.
To the maximum extent permitted by applicable law, Matheo Marchioni assumes no liability for (i) errors, mistakes or inaccuracies in content; (ii) bodily injury or property damage of any kind resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored thereon.

Right to change and modify terms

 We reserve the right to change these Terms from time to time at our sole discretion. We therefore advise you to consult these pages regularly. If we make any material changes to these terms, we will notify you. Your continued use of the website or our services following any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future version of the terms, do not use or access (or continue to access) the website or service.

E-mails and promotional content

 You agree to receive promotional messages and materials from us from time to time by mail, e-mail or any other means of contact you may provide to us (including your telephone number for calls or text messages). If you do not wish to receive such promotional materials or notices, simply inform us at any time. 

Preference of law and dispute resolution

 These Terms, the rights and remedies provided herein, and all claims and disputes arising in connection herewith and/or in connection with the Services, shall be governed, construed and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Switzerland, without regard to principles of conflict of laws. All claims and disputes shall be brought before a court of competent jurisdiction located in Fribourg, and you hereby consent to their exclusive adjudication by such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Privacy policy
We receive, collect and store any information you enter on our website or provide to us in any other way. In addition, we collect the Internet Protocol (IP) address used to connect your computer to the Internet, your login, your e-mail address, your password, information about your computer and your connection, and your purchase history. We may use software tools to measure and collect session information, including page response times, duration of visits to particular pages, page interaction information and methods used to navigate away from the page. We also collect personally identifiable information (including name, e-mail address, password, communications), payment details (including credit card information), comments, feedback, product reviews, recommendations and personal profile.

When you carry out a transaction on our website, we collect, as part of the process, the personal information you communicate to us, such as your name, address and e-mail address. Your personal information will only be used for the specific purposes mentioned above.

We collect this non-personal and personal information for the following purposes:
 - To provide and operate the services;
 - To provide our users with ongoing customer and technical support;
 - To contact our visitors and users with general or personalized service-related notices and promotional messages;
 - To create aggregated statistical data and other aggregated and/or inferred non-personal information, which we or our business partners may use to provide and improve our respective services;
 - comply with all applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that enables us to sell our products and services to you. Your data may be stored through Wix.com's data storage, databases and general Wix.com applications. They store your data on secure servers behind a firewall.
 
 All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements ensure the secure processing of credit card information by our store and its service providers.

We may contact you to inform you about your account, to resolve issues related to your account, to resolve a dispute, to collect fees or monies owed, to survey your opinion through surveys or questionnaires, to send updates about our company, or as necessary to contact you to enforce our user agreement, applicable national laws and any agreements we may have with you. For these purposes, we may contact you by e-mail, telephone, SMS or post.

If you no longer wish us to process your data, please contact us at magiemarchioni@gmail.com.

We reserve the right to change this privacy policy at any time, so please check back frequently. Changes and clarifications will take effect immediately upon publication on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

It is forbidden to download all or part of the www.magiemarchioni.com website.

If you wish to access, correct, modify or delete any of your personal information, please contact us at magiemarchioni@gmail.com.