General Terms and Conditions

GENERAL BUSINESS TERMS
Web pages of Magic Book Lab

I INTRODUCTION

These General Terms and Conditions (hereinafter: “Terms”) regulate the rules governing the provision of information society services on the website www.magicbooklab.com, operated by the business Littera M. Design within the registered activity of the information society.

Trade Littera M. Design as the Service Provider operates in accordance with the applicable regulations of the Republic of Croatia governing the activities of the information society, especially the Electronic Commerce Act, Consumer Protection Act, Law on Obligations, and the Law on the Implementation of the General Data Protection Regulation, to the extent that the Service Provider has applied certain provisions of these regulations to these General Terms, as well as in compliance with the current EU regulations.

These Terms and Conditions govern the relationship between the Service Provider and the Service User in the provision of information society services through the website www.magicbooklab.com and constitute an integral part of every purchase agreement concluded between the Provider and the Service User.

By using this website and ordering products, you agree that you have read, understood, and agreed to these General Terms. You can save them to your computer or print them by clicking the “print” icon in your browser.

II GENERAL INFORMATION ABOUT THE SERVICE PROVIDER

Name of trade: Littera M. Design

Headquarters of the trade: Josipa Šabana 16, Zagreb

Business owner: Daria Markić (OIB:48522791544)

e-mail: info@magicbooklab.com

telephone: +385997754444

www: https://www.magicbooklab.com

Register: Trade Register at the City Office for Economy, Labor, and Entrepreneurship of the City of Zagreb

Registry number of the trade: 97767026

Business registration number: 21010137418

Activity codes: 74.10 – specialized design activities

47.91 – retail sale via mail order or internet

63.12 – web portals

63.99 – other information service activities, n.e.c.

58.11 – book publishing

58.19 – other publishing activities

18.12 – other printing

18.13 – pre-press and pre-media services

18.14 – bookbinding and related services

58.14 – publishing of magazines and periodicals

58.29 – other software publishing

63.11 – data processing, hosting, and related activities

90.03 – artistic creation

III DEFINITION OF INFORMATION SOCIETY SERVICE

An information society service is considered a service that is provided for a fee electronically at the individual request of the User, especially Internet sales of goods and services, and the possibility of seeking data and services transmitted electronically, intermediating access to networks or storing User data.

The User is a natural or legal person interested in an information society service who, based on established contact with the Service Provider, expresses interest in the offered service or product of the service provider.

IV ORDER

The User can place an order for the desired product by sending an email inquiry to the Service Provider or by filling out the online order form.

By confirming the order, the User accepts these General Terms, with all rights and obligations, and acquires the right to purchase the products and services of the Service Provider.

V ACCESS, PRODUCT INFORMATION, AND PRICES

The User of the service on the Service Provider’s website can review the services and products of the Service Provider. Each product is accompanied by its name, description, price, and estimated delivery time. The Service Provider does not guarantee that the color representation of an individual product on the user’s computer monitor corresponds to the actual color of the product in reality. The Service Provider is not responsible for the quality of product manufacturing if defects result from the poor quality of multimedia content provided by the User.

The User can use the Service Provider’s website by registering on the site as a user or by using the site as a guest.

Prices and availability of data are subject to change at any time without prior notice and at the sole discretion of the Service Provider. The price indicated alongside the product at the time of ordering applies to the User.

Each product is accompanied by its name, a brief description, availability, and price. Prices are expressed in euros (EUR). The displayed price includes value-added tax.

The price of a product or service is the price indicated next to a specific product or service in the Service Provider’s menu. The price shown with the product does not include delivery costs. Delivery costs are separately and clearly indicated, so the User is aware of all elements of the final price before clicking on the “Confirm order” button.

If the price is incorrectly displayed for any reason or changes during the order, the Service Provider will:

1. inform the User about the new price, allowing the User the option to modify their order, cancel the purchase entirely or partially, or confirm the order at the new prices, all without additional costs, or
2. allow the User to cancel the purchase while simultaneously finding an appropriate solution in the interest of both parties.

By reviewing the Service Provider’s offer, the User selects the appropriate product or service from the offer.

1. Books

The User selects the order form on the website depending on the desired book theme.

The User independently chooses the future appearance of the product on the Magic Book Lab website and is obliged to fully review it before placing the order. The User confirms their agreement with the data entered in the product creation template and acknowledges that they are ordering a product with the information they provided themselves.

The User is obliged to fill in the order with the requested data (name, address, OIB, any other delivery address, possible issuance of R1 invoice). Upon completing the order, the User finalizes their order by clicking the “Confirm order” button.

Upon receiving the order, the Service Provider will, within a maximum of two working days, send the User an Offer via email containing all essential elements of the contract and provide instructions for payment.

2. Notebooks

After choosing the type, color, design, and quantity, the User clicks on the “Order” button to select the desired product. Upon receiving the order, the Service Provider will, within a maximum of two working days, send the User an Order Confirmation via email containing all essential elements of the contract. Then the User will receive payment instructions via email, and after payment, an invoice.

The User independently creates the future appearance of the product on the Magic Book Lab website and is obliged to fully review it before placing the order. The user confirms that they agree with the data entered into the product creation template and confirms that they are ordering the product with the information they have provided themselves.

3. Planners

After choosing the color, design, and quantity, the User clicks on the “Order” button to select the desired product. Upon receiving the order, the Service Provider will send the User an Order Confirmation containing all essential elements of the contract via email within a maximum of two business days. Then the User will receive payment instructions via email, and after payment, an invoice.

The User is required to thoroughly review the product before placing the order. The user confirms their agreement with the data entered into the product creation template and acknowledges that they are ordering the product with the information they have provided.

4. Decorative boxes

The User orders boxes of interest via email according to the specifications offered by the Service Provider.

5. Buzz photo accordion

After choosing the offered color and design, the User selects photos for transfer with an indication of the photo layout and, by clicking the “Order” button, selects the desired product and confirms the photo layout.

Upon receiving the order, the Service Provider will, within a maximum of two working days, send the User an Order Confirmation containing all essential elements of the contract via email. Then the User will receive payment instructions via email, and after payment, an invoice.

The User independently creates the future appearance of the product on the Magic Book Lab website and is obliged to fully review it before placing the order. The User confirms their agreement with the data and photo layout entered in the product creation template and acknowledges that they are ordering a product with the information and photo arrangement they provided themselves.

VII PAYMENT AND INVOICING

The user can make payment via bank transfer. The user is obliged to make the payment within 8 days of receiving the payment instructions.

The Service Provider will deliver the invoice to the User electronically via the email address provided in the registration form.

The invoice is delivered to the User in a format that can be printed or saved to their computer. For any questions or uncertainties regarding the invoice, the User can contact the Service Provider at the email address info@magicbooklab.com.

If the user has not received the invoice, please check the Spam folder or whether the mailbox is full.

If the user requires an R1 invoice, they must notify the service provider in advance by email, providing the name, address, personal identification number, and a list of products they wish to purchase.

VIII SALES AGREEMENT

By making a purchase through the MagicbookLab website, a distance contract is established. The sales contract is considered concluded when the User confirms the order on the website www.magicbooklab.com. The User will receive a written confirmation of the concluded contract via email, containing all essential elements of the contract and serving as evidence of the concluded contract. These General Terms and Conditions are an integral part of the contract. A distance contract is a one-time contract that is consummated by its complete fulfillment.

IX DELIVERY

The delivery cost is not included in the product price. The delivery price is clearly stated separately from the product price on the Service Provider’s website. When ordering products, the User is informed of the delivery costs.

The Service Provider undertakes to deliver the ordered products within 15 working days from receiving the order.

Delivery is made to the address specified by the User in the order. If the User wishes delivery to a different address than the one in the order, they must specify it when placing the order. In the absence of a specifically indicated alternative delivery address, delivery to the address provided in the order alongside the user’s personal information is considered proper delivery.

The product is insured against loss during delivery. If the User does not receive any notification or delivery from the Service Provider or the delivery service after 30 days from the date of the order, they should inform the service provider so that they can either locate the shipment or send a replacement.

The ordered goods will be packaged in a way that prevents damage from regular handling during transportation. Before accepting the shipment, the User is obligated to inspect it, report any visible damage immediately, and refuse to accept the damaged shipment.

Products from one order are delivered in one package. If the User orders multiple products in multiple different orders, these products will be sent separately.

If the User orders three or more notebooks in one order, delivery for that specific shipment is free.

If the User is not present at the delivery address specified in the order at the time of delivery, the courier will contact them later or leave a Notice of Arrival with contact information to arrange the next delivery time.

If the User fails to pick up the order from the delivery service due to their own fault, the service provider is not obliged to refund the paid amount for the product and delivery.

X COMPLAINTS

The user is authorized to submit a reasoned complaint (objection) via email at info@magicbooklab.com or in writing (by registered mail) to the address: Littera M. Design, Josipa Šabana 16, 10000 Zagreb, in accordance with legal terms and deadlines.

The Service Provider undertakes to promptly confirm the receipt of the complaint to the User via email or in writing (by registered mail) and to respond to it within fifteen days of receiving the complaint, in accordance with the Consumer Protection Act.

If a product has a material defect, the User is obliged to provide the Service Provider with evidence justifying the complaint; a photograph of the product showing the material defect.

For the Users whose product has material defects, and the Service Provider determines that they are a result of the Service Provider’s or its cooperators’ negligence, the Service Provider will offer the choice between repairing or replacing the product, and only if the User does not receive the requested repair or replacement of the product due to reasons determined by the Obligations Act, they have the right to a price reduction or contract termination.

If the Service Provider determines that the complaint is unfounded, they will not carry out repairs, deliver a replacement product, reduce the price, or refund the money upon contract termination.

The User is specifically informed that the product does not have the characteristic of goods for which the Service Provider is obliged to provide updates, including security updates necessary for the goods to remain free from defects, as the digital element is located on the User’s media.

By concluding the Agreement from point VIII, the User expressly and separately accepts the aforementioned deviation from the objective criteria used to determine the existence of defects.

If the User is delivered goods that were not ordered, they are obliged to provide evidence to the Service Provider for the justification of the complaint; a photograph of the delivered product that the user did not order. In the case of delivery of unordered goods, the User has the right to return the goods to the Service Provider and receive the ordered product, or to return the goods to the Service Provider and receive a refund for the product that was ordered but not delivered.

The complaint form can be downloaded here.

XI RIGHT TO UNILATERAL CONTRACT TERMINATION AND WITHDRAWAL FROM PURCHASE

According to Article 79 of the Consumer Protection Act, the User does not have the right to unilateral contract termination in the case of purchasing products on the MagicBookLab website. The products offered on the Service Provider’s website are made according to the specifications of the consumer and clearly tailored to the consumer, i.e. made according to the User’s personalization.

XII WARRANTY

The service provider provides a warranty for all products, unless otherwise stated at the time of purchase or on the invoice or warranty. The warranty period is one month from the delivery of the product.

The warranty does not apply in case of damage due to negligence, improper use, mechanical damage, force majeure, etc. The User must submit a warranty-related complaint to the Service Provider in the warranty period, in writing with a description of the product error, by email or registered mail. The Service Provider reserves the right to inspect the product and respond to the user’s request.

The warranty does not apply in case of mechanical damage to the QR code.

XIII RIGHT TO ACCESS INFORMATION

The Service Provider undertakes to always provide the user with the following information:

• data on the identity of the business (name and place of business, registry number),

  • contact information enabling fast and efficient communication with the Service Provider (email address, phone number);
  • information on the essential characteristics of the products or services offered, including after-sales services and warranties,
  • information on the availability of products or services,
  • method and conditions of product delivery, or service performance, especially the place and time of delivery;
  • information about payment methods,
  • information on the possibility of product returns, and the user’s cost when returning the product;
  • information on the user complaint procedure, and contact details of the Service Provider’s contact person or customer service.

XIV PRIVACY PROTECTION

In accordance with the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data 2016/679, the Service Provider collects and processes Users’ personal data lawfully, fairly, and transparently, ensuring that only data necessary for the fulfillment of the legal transaction between the Service Provider and the User are collected.

a) Types of personal data collected and processed

Personal data refers to any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, especially by reference to an identifier such as name, identification number, location data, online identifier, or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that individual.

The Service Provider collects and processes two levels of personal data. The first level consists of data entered by the User during registration and represents information necessary for the future business relationship – name and surname, delivery address, email for correspondence. This data is retained while the User’s profile is active. Upon deactivation of the user profile, the Service Provider permanently deletes the personal data entered during User registration.

User’s first-level data may be accessible to Service Provider’s cooperators such as the delivery service for delivering ordered shipments – information on name, surname, and address, Service Provider’s accounting department for issuing and processing invoices, and other potential cooperators with whom the Service Provider may come into contact solely for purposes related to the fulfillment of the legal transaction (maintenance of the website, legal services in case of disputes, etc.)

User’s personal data is protected by Statements of Confidentiality signed by the Service Provider with its cooperators, wherein they undertake to keep confidential any personal data they have learned in the performance of their tasks.

The second-level personal data includes all data, images, and videos that the User applies to the product. This data represents information selected by the User and necessary for the fulfillment of the legal transaction. Second-level data is retained for one month from the delivery of the product. Upon expiry of this period, second-level data is permanently deleted by the Service Provider. User’s second-level data may be accessible to Service Provider’s cooperators involved in maintaining the website. User’s personal data is protected by a Statement of Confidentiality signed by the Service Provider with its cooperator, wherein they undertake to keep confidential any personal data they have learned in the performance of their tasks.

The data controller is the owner of the business, and the User may address all inquiries regarding the processing of personal data to the data controller at: info@magicbooklab.com or Daria Markić, business Littera M. Design, Josipa Šabana 16, 10000 Zagreb.

b) Use of personal data

The Service Provider uses personal data to fulfill User orders, for technical purposes in administering the website, for communication with the User, and for statistical analysis. Personal data will not be disclosed to third parties without the consent of the User.

The User independently decides which data to provide to the Service Provider. In case of refusal to provide some of the requested data, there is a possibility that the User may not be able to access certain areas or features of the website, or may not be able to use the services of the Service Provider, as the Service Provider only collects data necessary for the fulfillment of the contract (e.g., delivery address).

The User has the right to request access to their personal data and correction of personal data from the Service Provider at any time.

The forms “Request for Access to Information” and “Request for Correction” are available on the Service Provider’s website. The User can send the completed form to the email address of the data controller info@magicbooklab.com at any time and request information about which data of the User are processed and for what purpose, or the User can request a change of data that they consider inaccurate or incomplete. The Service Provider is obliged to respond to the User’s request within one month. In case of workload, the deadline may be extended by two months. The Service Provider will inform the User of the extension of the deadline.

c) Consent

During registration, the User has given explicit and unconditional consent to the Service Provider for the processing of personal data.

The User has the right to withdraw the given consent for the processing of personal data at any time. The form ‘Withdrawal of Consent’ is available on the Service Provider’s website. The User can send the completed form to the email address of the data controller info@magicbooklab.com at any time and request that the Service Provider suspend the processing of the User’s personal data. The Service Provider is obliged to immediately suspend any further processing of personal data and inform the User thereof. If, due to the withdrawal of consent, the Service Provider is unable to fulfill its part of the contractual obligation, it is not liable to the User for damages resulting from non-performance, while the User is liable to the Service Provider for all actual costs incurred up to that point.

After the withdrawal of consent, the Service Provider will promptly permanently delete all personal data collected about the User.

d) Complaint

In case of suspicion of misuse or denial of information, the User has the right to file a complaint with the supervisory authority – the Croatian Personal Data Protection Agency.

e) Deletion of personal data

The User has the right to request deletion of their personal data from the Service Provider. The ‘Request for Deletion of Personal Data’ form is available on the Service Provider’s website. The User may at any time send the completed form to the data controller at info@magicbooklab.com and request the Service Provider to permanently delete all or certain personal data of the User. The Service Provider is obliged to comply with the request and inform the User accordingly. If, due to data deletion, the Service Provider is unable to fulfill its part of the contractual obligation, the Service Provider shall not be liable to the User for damages arising from non-performance, while the User shall be liable to the Service Provider for all actual costs incurred until then. The Service Provider is obliged to act upon the User’s request within one month. In case of overload, the deadline may be extended by two months. The Service Provider will inform the User about the extension of the deadline.

f) Automatic logging of information (non-personal information)

During each visit to the Service Provider’s website, certain data that are general and not considered personal data (user’s browser, number of visits, average time spent on pages, visited pages) are automatically logged. Such data are relevant to the Service Provider as they are used to measure the attractiveness of the website and improve its content and usability. Such data are not considered separately and are not disclosed to third parties.

g) Cookies

The website www.magicbooklab.com uses so-called cookies – text files that the internet server used by the user’s browser stores on the user’s computer. Files are created when the browser on the user’s device loads the visited web destination, which then sends data to the browser and creates a text file (cookie). The browser retrieves and sends the file to the server of the web destination (site, page) when the user returns to it. Cookies are used to enable all features of websites and improve user experience, and can be either temporary (stored only during visits to websites) or permanent (remain stored on the user’s computer after visits). Third-party cookies are used by www.magicbooklab.com to obtain statistical data on the usage and manner of use of our websites. The data collected include the user’s IP address, browser information, language, operating system, and other standard data collected and analyzed solely in anonymous and aggregate form.

Littera M. Design websites do not contain cookies that enable the launching of programs or the placement of viruses on your computer.

The www.magicbooklab.com website uses Google Analytics statistics, and third-party cookie policies can be found on Google Analytics. Data on how users use our website may be occasionally collected using other tools similar to the Google Analytics.

If you do not agree with their use, you can easily delete (or prevent) cookies on your computer or mobile device using the browser settings you use. For more information on managing cookies, please visit the browser’s websites or www.allaboutcookies.org.

Since the purpose of cookies is to improve and enable the use of our websites and their processes, please note that preventing or deleting cookies may disable these features or cause them to function differently in your browser.

h) Security

The Service Provider makes every effort to ensure the security of personal data. User data are constantly protected against loss, destruction, forgery, manipulation, unauthorized access, or unauthorized disclosure.

i) Minors

Minors should not provide any personal data on the websites without the permission of their parents or guardians. The Service Provider will never knowingly collect personal data from minors or use or disclose data to a third party in any way without their permission.

The Service Provider undertakes to protect the data of minors contained in multimedia records. Data will be used solely for the purpose of creating personalized products and will not be disclosed to individuals outside the working process.

j) Country of personal data processing

The server of the website www.magicbooklab.com is located in Germany.

XV INTELLECTUAL PROPERTY

The content of MagicBookLab website is protected, and the business Littera M. Design from Zagreb, Josipa Šabana 16, holds the exclusive right to its use. For any commercial use of the content on the MagicBookLab website, you must first contact Littera M. Design via the email address info@magicbooklab.com.

Unauthorized or illegal use of the website is prohibited. All intellectual property rights (trademarks and service marks, domain names, design, copyrights, database rights) and all content and materials contained on these pages are owned by Littera M. Design.

The content of the website may only be used for personal, non-commercial purposes and must not be reproduced, modified, copied, distributed, published, displayed, transmitted, or sold in any form, manner, whole, or in part.

XVII DISCLAIMER OF RESPONSIBILITY

The Service Provider reserves the right to disable access to the website due to technical or other difficulties and maintenance. The Service Provider is not responsible for any damages or costs incurred by the User due to the cessation, inactivity, or difficulties in the operation of the website. The Service Provider makes every effort to ensure the consistency and timeliness of the data published on the website. The Service Provider does not guarantee the accuracy, completeness, and correctness of the content published on the website, nor does it accept responsibility for any damage that may arise for the User due to the publication of such content.

The Service Provider is not liable for any damage that may arise to the hardware, software, or other equipment of the User due to the use of the website. The User is responsible for ensuring appropriate protective equipment before accessing and using the website www.magicbooklab.com.

The User must independently ensure the appropriate security and confidentiality of the data used for logging into the website (email, password).

The services provided by the Service Provider do not include the costs incurred by the User using computer equipment and other electronic equipment (electronic devices) and services to access the Service Provider’s website. The Service Provider is not responsible for phone costs, data traffic, or any other costs that may arise.

The Service Provider has the right (without prior warning and explanation) to restrict the activities of the User, remove the User’s products and offers, alert other Users of the service, and warn, temporarily or permanently close the user account if the user violates the Terms and Conditions and Privacy Policy; if the Service Provider cannot verify the User’s personal data with certainty; if the User’s activities may harm other users or the Service Provider, and if the user account is used for achieving goals prohibited by law. The User uses the services and creates products at their own risk. The Service Provider is not responsible and does not provide guarantees for any damages that the User may suffer by using the magicbooklab.com website.

The Service Provider is not responsible for the malfunction of the product in case of mechanical damage to the QR code.

Prohibited activities:

• Insulting, harassing, transmitting vulgar messages, and threatening of any kind, content that encourages religious, racial, or any other intolerance, hate speech;
• Sending messages and files that are copyrighted or contain viruses and similar programs and files that can cause damage to either the magicbooklab.com system or Littera M. Design, or their users;
• Violation of any legal regulations; copying, reproducing, downloading, or distributing data from these pages in whole or in part, as well as any violation of copyrights related to magicbooklab.com. Illegal materials, works protected by copyright, sharing and illegal reproduction and sale of commercial audio, video, or music files, as well as any other material/software that contradicts the legal regulations are prohibited. Warez, pirated software, hacking, breaking into other people’s passwords, and the user’s posting of links to such materials or instructions on how they are used are prohibited. Littera M. Design reserves the right to file a criminal complaint and terminate all services provided against users who do not adhere to the mentioned prohibited activities and content, and will file a criminal complaint against such users with competent authorities in accordance with the valid regulations of the Republic of Croatia.

The Service Provider is not responsible for the multimedia content that the User enters into the products. The multimedia content entered by the User must not contain any of the previously described unauthorized activities, especially pornography and hate speech.

XVIII FUNCTIONALITY AND OPERABILITY OF DIGITAL CONTENT

The Service Provider is not responsible for any damages caused by improperly configured operating systems, the presence of malware/spyware on the User’s system, and is not responsible for identity theft due to the infection of the user’s system with a virus.

To display offers correctly and operate the content, a computer with a minimum operating system of Windows 7, a PDF reader, and up-to-date updates are required.

The website of the Service Provider is optimized for display on desktop browsers Google Chrome

57.0 +, Mozilla Firefox 54+, Internet Explorer 11+, supported mobile devices with systems: Android 4.4+, iOS 9+, Windows phone 8.1+

On the user’s computer, it is necessary to enable accepting cookies, JavaScript, and Adobe Flash.

XIX COMPLAINTS AND DISPUTES

Service users can submit their complaints related to the operation of the website, as well as regarding the contractual and legal obligations of the Service Provider, electronically or by regular registered mail to the address of the Service Provider: info@magicbooklab.com or Littera M. Design, Josipa Šabana 16, 10000 Zagreb.

The Service Provider is obliged to respond to the received complaint within fifteen days from the receipt of the complaint.

According to European legislation accepted by Croatian legislation, the regulations according to the registered office of the Service Provider apply to the provision of services of the information society, as well as regarding its liability. In the event of a dispute, Croatian law and the competent court in the Republic of Croatia apply.

XX FINAL PROVISIONS

Users of the website www.magicbooklab.com accept the published General Terms and Conditions.

The Service Provider reserves the right to modify the General Terms and Conditions and suggests that Users periodically review them. If any of the changes are unacceptable to the User, they should refrain from using these websites. If you continue to use them, it will be considered that you have accepted all changes.

All changes to the General Terms and Conditions are binding on the User and are always available on the website in the “General Terms and Conditions” section. In case the User does not agree with these General Terms and Conditions, they may simply stop using this website.

For any questions, clarifications, and comments related to these General Terms and Conditions, service users can contact the Service Provider via email at info@magicbooklab.com.