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Purchases made through the website www.Modernroad.com are managed by the company Modernroad Magazine, S.L., (hereinafter, “Modernroad”) of Spanish nationality, domiciled at AV Ricardo Soriano, 12 - Plaza de Salamanca, Local 6, Malaga, with tax identification number B67659144, registered in the Mercantile Registry of Malaga with the email address: studio@modernroad.com.

The acceptance of these General Terms and Conditions (hereinafter “Terms and Conditions”) implies a binding contractual relationship between you and Modernroad.

These Terms and Conditions make available the conditions that will govern such contractual relationship that establish the use of the website.

 

1. OBJECT

The website www.modernroad.com is a Platform where you can buy our own magazines with content about lifestyle, interiors, art, artists, fashion, and photography, among others.

 

2. USER OBLIGATIONS

In order to buy the products of the website and be able to establish a contractual relationship, you must be at least 16 years of age and have sufficient legal capacity to sign this contract.

You guarantee that the personal data that you provide to Modernroad are true and accurate, and you agree to notify any change or modification of the same.

You undertake not to use the content that is available on the website in any way that may constitute a violation of any rule of law or in such a way that said use would threaten public order, morals, commonly accepted customs or the name and image of Modernroad and/or its collaborators. Modernroad is not responsible in any case for the misuse of the contents of the website.

You are aware and voluntarily accept that the use of the Service takes place, in all cases, under your sole and exclusive responsibility, for which you shall be liable for the damages of any nature that Modernroad might suffer as a consequence of breach of any of the obligations to which you are subject by these General Conditions.

 

3. MODERNROAD’S RESPONSIBILITIES

Modernroad does not guarantee the functioning of the Internet. The service may not be available or may be limited at any time and for any reason beyond Modenroad’s control, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. Modernroad’s is not responsible for data, messages or pages lost or not saved due to performance problems on the Internet service.

In addition to the aforementioned and to the extent permitted by law and, except as otherwise provided in the rest of the General Conditions, in no case Modernroad will be liable for personal, accidental, special, direct or indirect, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the website, regardless of the cause of the theory of liability (contractual or extra-contractual, or any other) and even if you have been warned of the possibility of such damages. Modernroad reserves the right to modify the content of the website without prior notice.

 

4. PURCHASE

 In order to buy any product from our website, you only have to select the product and click the ‘shopping cart box’.

Regarding each of the items that you can buy through the Platform, you will find a description of it, that means, magazines, issued month, brief description of the content of the magazine, language, and number of magazines that you can obtain, among others. 

 

5. PRODUCT PRICE AND PAYMENT

The price of each of the Modernroad products will be that indicated in Euros. The amount includes all taxes, except shipping costs.

You can pay the cost for the product, either magazines, or articles, through the payment forms provided for that purpose, which will allow you to make the payment by using your debit or credit card, Apple Pay and PayPal. 

Once you have made the payment, you will receive an email from Modernroad in the email account that you have provided for this purpose, informing that the purchase and payment have been made correctly, as well as the list with each of the items you have purchased through our Platform. If you do not receive an email please let us know at studio@modernroad.com.

If you do not receive the email mentioned in the previous paragraph, please contact Modernroad at the following email address: studio@modernroad.com

The sale of the products offered on the website is subject to availability. In case of lack of stock of any of the products selected by you, Modernroad reserves the right to cancel the purchase with the corresponding refund of the amount in your favor.

 

6. SHIPPING AND RETURNS

* Shipping and delivery

Shipment for all other products is handled through our office in Malaga, Spain, and shipping costs are charged on top of the retail price. Please note that shipment costs do not include importation costs and/or taxes that may be due when the package reaches its country of destination. You must indicate a postal address where you wish to receive the products purchased on the website. We recommend you to use the postal address where you can ensure that someone can receive the package during working hours, that is, between 9 a.m. and 5 p.m., from Monday to Friday.

You will receive your order at the postal address provided through the website, in the estimated time based on the type of shipment you request at the time of purchase, but never later than thirty (30) calendar days from the acceptance of your order through the website.

The shipping costs will be calculated according to the shipping destination and will appear on the purchase screen before making the payment for your knowledge.

Modernroad is not responsible, under any circumstances, for errors in the delivery of the product that may arise due to incorrect information provided by you. In the event that this involves a delay in delivery, Modernroad will inform you immediately. The costs originated by this circumstance will be at your expense.

If fourteen (14) calendar days have elapsed since the order was confirmed, delivery to the postal address you have given us may not be effective, for reasons attributable to you; we will understand that you have abandoned the order placed.

* Returns

BOOKS AND MAGAZINES

All our printed products meet all legal guarantees. However, Modernroad is not liable of the misuse or lack of maintenance by Users of our printed products:

* Guarantee excludes any defect clearly identifiable with misuse of the product by the User.

* Guarantee will not apply when the User keep the products in wet places and/or exposed to the sun.

* Guarantee will not apply in those cases when the User finds some color or tonality differences between the image of the magazine on our Platform and the image on the printed magazine.

According to the consumer, regulation magazines do not have the right to return, as long as Modernroad complies with all the guarantees in its magazines.

In this sense, Users only have the right to cancel. That means, if Modernroad has not proceeded with the execution of the User’s order, User may cancel the service as long as the mentioned cancellation is communicate to Apartamento within the period of twenty-four hours (24 hours). After this period, User will not have the right to cancel.

You have fourteen (14) calendar days to exercise your right of withdrawal in relation to the purchase of products no related to magazines on the Platform. For this, the purchased product must be in perfect conditions, with its original packaging and labels and without any damages and/or trace of use. You must also return the invoice enclosed in the package. Otherwise, Modernroad may reject your refund request.

Modernroad will not compensate returned packages that get lost or damaged in the post. All shipping charges that may be incurred when returning products are the full responsibility of the customer. The cost of the merchandise alone will be refunded unless an error has been committed by Modernroad.

You can contact Modernroad to our email address studio@modernroad.com before proceeding with the return of the product.

Once exercised the right of withdrawal and after proceeding to the return of the products, if applicable, Modernroad will refund the full amount of the purchase in a period of time not exceeding fourteen (14) days from the notification of the exercise of your right of withdrawal, that is, since you communicated with Modernroad to inform about the return. The refund will be made to the credit/debit card you used to pay for the order in question. Please note that additional duties, taxes, or any other charges incurred will not be refunded by Modernroad. In the event that you have not communicated to Modernroad your desire to return the item, this term will start at the moment in which Modernroad has received the item.

The property and risks of loss of the products purchased through the website will pass to you at the time of delivery of the order. This risk will remain at your charge in case of return, until the product is delivered to Modernroad.

The products to be returned should be addressed to the following postal address:

MODERNROAD MAGAZINE, S.L.

Av. Ricardo Soriano 12 - Plaza de Salamanca Local 6

29660 Marbella, Malaga, Spain

In the event that the purchased products are defective for any reason attributable to the company, the expenses arising from such return will be borne by Modernroad. Otherwise, the User will assume the shipping costs.

In the case of an exchange, Modernroad will not add additional costs for the shipment of the exchanged product/s.

Please note that magazines and books cannot be refunded or exchanged. However, an exception will be made if the products have been heavily damaged during shipment or arrive in poor condition.

* EXCHANGES

During sale or promotional offers the policy detailed above will apply, with the exception that exchanges will not be accepted.

MERCHANDISE SERIES

* Returns policy

You may request to return your order within 14 days of receiving your package. If you would like to switch to a different size, a new order must be placed. All products must be returned in perfect condition to the return address of the Modernroad online store. The products must not have been worn, used, or washed. Returns should be sent to the following address:

Modernroad Returns

Modernroad Magazine

Av. Ricardo Soriano 12 - Plaza de Salamanca Local 6 

29601 Marbella, Malaga, Spain

Studio@modernroad.com

* Costs for returns

The Modernroad online store is not responsible for shipping costs involved in returning any item. We will endeavour to refund any returned items as soon as possible, and up to 30 business days afterModernroad receives the items at its return address. Refunds will be made to the same credit/debit card used for the original transaction. Please note that Modernroad is not responsible for any duties, taxes, or additional charges that may have been incurred in shipping the original order.

 

7. GUARANTEES

Modernroad guarantees that the products comply with the features agreed on the website and that they will without any defect in relation to its manufacture. Likewise, Modernroad guarantees that be delivered said products comply with current regulations regarding their manufacture, composition and packaging, among others.

In the event that the product does not meet the conditions in the previous paragraph, Modernroad will repair or replace it. To do this, you must notify Modernroad your disagreement or malfunction of the product through the form ‘Claims’, enabled for this purpose on the Platform or through the email address studio@modernroad.com, and always within thirty (30) days since the damage is known. For its part, Modernroad may request information about the product and / or products purchased to verify that the defects are not due to the company, so you must collaborate in this purpose.

 

8. COMPLAINTS

For any complaint or claim, you can contact Modernroad’s customer service at the email address studio@modernroad.com

Modernroad will respond to your request as soon as possible, and never within a period of more than one (1) month from the date that your complaint or claim is filed.

 

9. INTELLECTUAL PROPERTY

Content related to the Modernroad trademark, website, products, including domains, logos, photographs, drawings or documentation, as well as software, computer programs or any element that could be protected by Intellectual or Industrial Property Rights, that may be accessible for the users, are the property of Modernroad or of the third party who has authorized the used thereof, and all the rights of use thereon are expressly reserved.

You may use such material only in the way expressly authorized by Modernroad or by those who granted us a license for its use.

Any misuse of the service or its obligations by the user may result, at Modernroad’s discretion, in cancellation of user’s account or suspension of the service until the incident is resolved, if applicable.

Likewise, the User undertakes to not withdraw, delete, alter, manipulate or in any other way modify:

* All notes, footnotes, indications or symbols that either Modernroad or the legitimate holder of the rights incorporate into their properties with regard to Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc).

* Technical devices for protection or identification that may contain the material object of Intellectual or Industrial Property (such as, for example, watermarks, digital fingerprints, etc).

The User recognizes that, by virtue of this General Conditions, Modernroad neither assigns nor transfers to the User any right over its Intellectual and/or Industrial Property, or over any properties of third parties. Modernroad only authorizes the User to access and use them in accordance with the terms indicated in the present General Conditions.

The User is not authorized to copy, distribute (including by email and internet), transmit, communicate, modify, alter, transform, assign or in any other manner display activities that mean the commercial use of Intellectual and/or Industrial Property, be this partially or totally, without the express consent, granted in writing, of the legitimate holder of the rights of use.

Along these lines, Modernroad reserves all rights of Intellectual and/or Industrial Property that correspond to it, including any authorization and/ or license.

Modernroad does not grant any other license or authorization of use to the User on the rights of Intellectual and / or Industrial Property other than that expressly detailed in this clause.

Modernroad reserves the right to resolve or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding the foregoing, Modernroad may take legal action against any use by the User that:

* Does not comply with the present General Conditions;

* Infringes or violates the Intellectual and Industrial Property rights, image rights or other similar rights belonging to the company or to any other legitimate holder; or infringes any applicable regulation.

 

10. DATA PROTECTION

For anything related to the processing of your personal data provided to Modernroad, please refer to the Privacy Policy of the website.

11. SEVERABILITY CLAUSE

If any of the clauses of the present General Conditions is deemed to be null and void, and, for any reason, non-applicable, then that clause shall be excluded from the General Conditions, but it shall not affect the validity or application of the remaining clauses.

12. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the Spanish law. Should any discrepancy arise concerning the interpretation and/or execution of this document, the competent Courts shall be those established by the applicable legal regulations regarding the competent jurisdiction of Consumers and Users.

Likewise, the user will be able to resolve in an amicable way any incidents that could occur during the contractual relationship, through the Platform promoted by the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

13. MODIFICATION OF THE CONDITIONS OF USE

Modernroad reserves the right to modify the Terms and Conditions established in this document at any time. In case of any change in this document, it will be published on the website and the date of publication will be indicated, in order to distinguish the most recent Terms and Conditions of the previous Terms and Conditions.

 

Publication date 21/12/2022.