1. THESE TERMS
1.1 Welcome to https://spiritualmagicgarden.com (our site) and https://spiritualmagicgarden.ecwid.com/ (our store). We know from our own experiences of shopping online that it’s important to feel protected, so we will make sure that’s how you feel when shopping with us. Our Terms and Conditions outline everything you need to know to ensure that visiting and shopping with us is safe, secure and fair. By using the Website or our online store you agree to be bound by these T&Cs and any orders placed by you are bound by these T&Cs. Please read these terms carefully before you submit your order to us. If you’re uncertain about your rights under these T&Cs, or you want any explanation about them please Get in touch before you place your order.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Spiritual Magic garden is the trading name of MONDALIS Boštjan Rodeš s.p., a company registered in Slovenia. Our company registration number is 8154309000 and our registered office is at Kotnikova ulica 5, 1000 Ljubljana. Our registered VAT number is SI41003365.
2.2 How to contact us. If you have any compliments or complaints about our products or services, please email us at email@example.com. We try really hard to respond to all email to this address within one working day (but please be patient with us if it gets really busy and we take slightly longer).
2.3 How we may contact you. If we have to contact you we will do so by email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your order is an offer to Spiritual Magic Garden to buy the product(s) in your order. When you place an order to purchase a product(s) from Spiritual Magic Garden, we will send you a message confirming receipt of your order and including the details of your order (the “Order Confirmation”). When we send you the Order Confirmation this does not confirm acceptance of your offer to buy the product(s) ordered, it is an acknowledgment that we have received your order. Our acceptance of your offer, and conclusion of the sale of a product(s) to you, will take place when we email you to confirm the order has been dispatched to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you by email. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to make delivery within a reasonable timeframe due to issues with stock availability.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, sizes, weights, capacities, dimensions and measurements indicated on our Website for these products have a reasonable tolerance of difference.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. DELIVERY & SHIPPING
5.1 Our delivery process. You can have your order shipped to you via your chosen delivery method.
I. When you place an item in your shopping basket, you can use our delivery calculator to view the shipping cost. This way you know exactly how much you’re spending on delivery before you make any commitment to buy. Please ensure your delivery details and especially the delivery country is correct.
II. We‘ll send you an email when your order is despatched and we use a signed for service for many orders, so it’s important that there is someone in to receive the goods. If this isn’t possible, we recommend you have it shipped to an alternative delivery address (such as your work, a friend’s or neighbour’s house). We can’t deliver to PO Boxes or packstation addresses. Delivery to hotel addresses will be at your own risk, please be sure to state your room number and dates of stay. Please note that delivery times quoted are for your guidance only and are not guaranteed. As we’re sure you know, nothing is 100% certain (especially when it involves the roads), and very occasionally the next day service isn’t. Generally however, there are no problems and your order will arrive as planned.
III. Please be aware that courier notes containing extra information for delivery are at the discretion of the delivery driver to comply with. We employ a signed for service in which the courier is expected to obtain a signature upon delivery. If a delivery note expressing alternate delivery instructions is complied with and results in a lost parcel, any claim for compensation would be invalidated.
IV. If everything in your order is in stock, we’ll aim to send it out within a 3 to 5 days. If something is out of stock, we’ll wait until we have everything here to send in one parcel (this is more economical and helps to keep our carbon footprint down), or we can split your order and send what we can right away, subject to extra shipping charges. We don’t automatically do this though – so let us know if you’d like us to.
V. Once we have accepted your order we will deliver the goods to you no later than 30 days from acceptance unless we have notified you and agreed a longer delivery timeframe.
VI. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.2 Damaged, incomplete & undelivered orders:
I. My order was damaged in transit, what do I do?
We do our best to pack each order thoroughly and carefully, but on occasion parcels do arrive damaged. In these instances please sign for the parcel as DAMAGED and take clear photos of the parcel before you open it to inspect the contents. If you then find that the contents have been damaged or are missing, please email us within 5 working days so we can raise a claim with the couriers. We will require photographs in order to progress your claim. Although we may still be able to raise a claim after this time it may be rejected by the courier company. If you sign for a damaged parcel you are accepting delivery and we will not be liable for any goods that have been damaged or went missing during transit.
II. I have an item(s) missing from my delivery, what do I do?
Firstly, ensure that your parcel was not damaged upon receipt. If it was, please follow the steps outlined above.
Our warehouse team will often wrap your items within blankets and in-between bolsters to ensure they are protected during transit, so please ensure that you open each and every parcel and remove everything from their boxes. If you discover that an item(s) is missing, email us ASAP . Our aim will be to get you your missing item(s) immediately. The only reason we would not be able to resend a missing item from your order is if the item(s) are out of stock.
III. Unfortunately, sometimes our inventory isn’t what we thought it was.
We work very hard with our warehouse team to ensure our stock is correct, however sometimes things go wrong and what we think we have in stock is not what we have on the shelf. If our inventory is incorrect when picking your order, we will normally ship out the items that we do have in stock and cancel the unavailable item(s). In these instances, you will be notified via email the following day and refunded in full for the missing item(s). We will also get back in touch when the item is in stock again, should you wish to place a new order. We apologise in advance if this happens with your order.
IV. I’ve been waiting for my order and it hasn’t arrived, what do I do?
We do our best to despatch items in a timely fashion. From time to time a delivery is delayed due to unforeseen reasons such as a delivery lorry breaking down or adverse weather or Holiday rush. If you have a tracking number for your order, please go online to check for any updates direct from our couriers. You can find this in your despatch email confirmation.
V. My parcel has not arrived, what do I do?
Occasionally orders are returned to us as undeliverable. An order could be returned for one of the following reasons.
5.3 Incorrect address
If the address is incorrect, outdated or is rejected because it is a PO Box or packstation, the parcel will typically be returned to us by the carrier or the unintended recipient. We are unable to make address changes for parcels after they have left us. Please double-check the address carefully when placing your order. Should your parcel be returned to us, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
5.4 Failed delivery attempts
Most of our carriers will make more than one attempt to deliver a parcel. If they find that they can’t successfully deliver your parcel it may be returned to us or left at a local depot for you to arrange collection. If not collected, the parcel will be returned to us. Should this happen, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
5.5 Refused by recipient
When ordering a gift to be sent directly to the recipient, please be sure that they are aware. A gift recipient who isn’t expecting a gift may refuse a parcel if they believe it’s being delivered to them by mistake. Should this happen, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
5.6 Illegible address
In rare cases address labels may become illegible in transit. If this happens a carrier will return the parcel to us. In these instances, we will reship free of charge.
5.7 Damaged in transit
If a parcel is badly damaged while it’s on its way to you the carrier may return it without attempting delivery. In these instances, we will repack and reship free of charge.
5.8 When you become responsible for the goods. The product or products ordered will be your responsibility from the time we deliver the product to the address provided by you.
5.9 When you own goods. You own the products once we have received payment in full.
6.0 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(A.) deal with technical problems or make minor technical changes;
(B.) update the product to reflect changes in relevant laws and regulatory requirements;
6. ORDERS & RETURNS
6.1 Placing orders
When you are ready to purchase the items that you have placed in your basket you can simply click on the shopping bag icon located at the top right of the page and you will be directed to your basket. Here you will be able to use our delivery calculator to work out how much the shipping would be for your order. Remember to select the correct delivery country and enter the correct postal/zip code. Once you have selected your preferred delivery method, simply update the total by using the button below. Check that you are happy with the products in your bag, once an order has been submitted you will be unable to add any more items or make further changes. If you have a gift card or discount code, remember to enter it here. When you are happy with the payment total of the order, you can then click “Proceed to checkout” on the right of the page.
6.2 Amending orders
We are not able to amend orders once confirmed.
Once you have confirmed your order online it is immediately directed to our warehouse for processing. This is a seamless process that takes place via our computer system; this means that we are not able to amend any orders.
6.3 Cancelling orders
Once you have completed your order at checkout it is immediately sent to our warehouse for processing, we are not able to amend or stop orders after they have been placed. If you change your mind and decide you do not want your order and wish to cancel, you will need to return the whole order once it has been delivered to you. Please follow the instructions in section 6.4 – Returns
In accordance with the Consumer Contract Regulations, you have 14 days from the first day that you receive the goods. Should you decide to return your whole order within 14 days we will refund you in full for the item(s) including the original shipping charge. If the order is shipped in more than one parcel the 14 days will apply from the date of delivery of the last item. Please note we only refund the standard delivery amount we do not refund express delivery charges. Your refund will be processed once the goods have returned to Yogamatters. The Consumer Contract Regulations applies to EU countries only.
All postage and handling charges associated with returning the goods to Yogamatters are your responsibility.
IMPORTANT! You must email us here to notify us if you change your mind and wish to cancel your order. If you do not inform us that you are cancelling your whole order, we will treat any goods sent back to us as a return. It is in your best interest to make contact with us to help us give you the best possible service.
There are some products we cannot cancel or refund, such as made-to-order items.
We want all our customers to fall in love with their chosen items. However, if you’re unhappy with your purchase, please let us know as soon as possible and return the item(s) within 30 days of purchase.
Our returns address is on the package label!
All returned items must be in their original condition. This means clothing must have hangtags still attached. We ask that you return all items in their original packaging. If you have broken cellophane seals on any items please return all other labels and materials apart from the cellophane itself. Any items that have clearly been used will be not refunded even if they are returned to us.
The postage and handling of your return is your responsibility. Please ensure that you obtain proof of postage when sending your parcel back as we cannot be held responsible for any orders that do not arrive back to us. You may be able to claim compensation through your chosen return service if you have proof of postage.
Returns can only be refunded to the person who originally placed and paid for the order, and the refund can only be processed back to the same payment method. Refunds can take up to 14 days to be processed after receipt of the return.
We are not able to offer an exchange service on unwanted goods. This ensures that we can maintain high stock levels and keep an up-to-date inventory at all times.
The quickest and easiest way for you to get exactly what you want in a different colour or size is to simply return the unwanted item and order another.
7. PRICE AND PAYMENT
7.1 Where to find the price for the product. The price of the product (which includes VAT for your country) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 7.3 for what happens if we discover an error in the price of the product you order.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
7.4 When you must pay and how you must pay. We accept payment for orders by card and PayPal payments; if you choose PayPal you will be directed to their site to complete the payment.
8. YOUR RIGHT TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(A.) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back).
(B.) If you want to end the contract because of something we have done or have told you we are going to do.
(C.) If you have just changed your mind about the product. You may be able to get a refund as outlined in section 6, but this may be subject to deductions and you will have to pay the costs of return of any goods
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (A) to (D) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(A) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(B) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(C) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(D) you have a legal right to end the contract because of something we have done wrong
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
(A) some products which we cannot cancel or refund, such as made-to-order items.
(B) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(C) sealed audio or sealed video recordings, once these products are unsealed after you receive them; and
(D) any products which become mixed inseparably with other items after their delivery.
(E) any digital products in our store or website.
8.5 How long do I have to change my mind?
How long you have depends on how what you have ordered is delivered. You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your name, home address, your order number, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us to returning addrese on the recived package label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(A) if the products are faulty, misdescribed or the order has been incorrectly fulfilled by us;
(B) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do because of something we have done wrong
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(A) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(B) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about our products or services, please email us at email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactor quality; fit for any particular purpose made known to us; supplied with reasonable skill and; and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
14.2 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Which laws apply to this contract and where you may bring legal proceedings.
These terms and conditions shall be governed by and construed in accordance with the laws of Slovenia and you irrevocably submit to the exclusive jurisdiction of the courts of Slovenia.