TERMS & CONDITIONS

I. Definitions

In these General Terms & Conditions, the following definitions apply:

  1. Client: The purchaser or party entering into an Agreement with Maygra Studios, LLC, either as a Professional Purchaser or a Consumer.

  2. Maygra Studios: Maygra Studios, LLC, with registered offices at 131 Continental Dr, Suite 305, in the city of Newark, zip code 19713, county of New Castle, Delaware (registered agent: Legalinc Corporate Services, Inc.), which declares these General Terms & Conditions applicable to the Agreement.

  3. Agreement: The agreement between the Client and Maygra Studios regarding the sale and delivery of products via the Maygra Studios Webshop.

  4. Maygra Studios Webshop: The online platform through which Maygra Studios offers products for sale.

  5. General Terms & Conditions: The terms governing the sale and delivery of products as established by Maygra Studios.

  6. Consumer: A natural person who is not acting as a professional and/or on behalf of a company.

  7. Professional Purchaser: A natural person acting as a professional and/or on behalf of a company, or a legal entity entering into an Agreement with Maygra Studios.

  8. Website: The website through which the Maygra Studios Webshop is accessible.

  9. Consumer Purchase: A purchase Agreement between Maygra Studios and a Consumer.

II. Applicability and Amendments

Applicability of General Terms & Conditions

These General Terms & Conditions shall exclusively govern all offers, agreements, sales, and deliveries of products by Maygra Studios through the Maygra Studios Webshop. Maygra Studios expressly rejects the applicability of any other general or specific terms and conditions. The Client acknowledges and accepts that any other terms or conditions are excluded and inapplicable.

Right to Amend

Maygra Studios reserves the right to unilaterally amend these General Terms & Conditions at its discretion. Any such amendments will be published on the Website and shall take effect from the date of publication, unless otherwise specified.

Specific Products and Additional Terms

For the sale, purchase, and delivery of certain products—such as, but not limited to, products where the price is provided upon request, limited editions, or products whose purchase agreement is not concluded through the Webshop—Maygra Studios reserves the right to apply supplementary or alternative terms and conditions. These specific terms will be communicated to the Client prior to the conclusion of the Agreement.

Deviation or Amendment of Terms

Any deviation from or amendment to these General Terms & Conditions shall only be valid if explicitly agreed upon in writing and with the formal consent of Maygra Studios.

III. Offers and Agreements

Non-binding Offers

All offers made by Maygra Studios are non-binding, except in the case of a Consumer Purchase. Offers are subject to change, availability, and the specified validity period.

Conclusion of Agreement

An Agreement is considered concluded only when the Client receives written confirmation of their purchase from Maygra Studios (including via email), unless otherwise explicitly agreed by Maygra Studios. Maygra Studios reserves the right to reject orders or impose specific delivery conditions unless otherwise agreed upon.

Client’s Agreement to Terms

By accepting an offer or purchasing a product, the Client acknowledges and agrees to be bound by these General Terms & Conditions.

Client’s Responsibility for Information

The Client is solely responsible for providing accurate and complete information to Maygra Studios in order to finalize the Agreement.

Engagement of Third Parties

Maygra Studios reserves the right to involve third parties in fulfilling the Agreement. These General Terms & Conditions will also apply to the relationship with such third parties, and Maygra Studios ensures that these third parties will adhere to the terms of the Agreement.

IV. Prices and Payment

Prices for Clients

The prices listed on the Website for products available via the Maygra Studios Webshop are in US Dollars, inclusive of applicable taxes, handling, and dispatch costs, unless otherwise specified or agreed by Maygra Studios.

Pricing Errors

Despite our efforts to ensure accurate pricing, products in the Maygra Studios Webshop may occasionally be mispriced. We verify prices during our dispatch procedures. If a product's correct price is lower than the displayed price, we will charge the lower amount and proceed with dispatch. If the correct price is higher than the listed price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and inform you of the cancellation.

Price Adjustments

Maygra Studios reserves the right to modify the purchase price after the confirmation of a purchase order or the conclusion of an Agreement if there are increases in the cost of resources, wages, import duties, taxes, or other external expenses (including currency fluctuations). Maygra Studios will notify the Client of any such changes as soon as possible. In such cases, the Client may terminate the Agreement or cancel the purchase order, unless the Parties have agreed on delivery occurring more than three (3) months after the confirmation of the purchase order or if the price adjustment is legally required.

Payment Methods and Terms

Payment must be made using one of the methods specified during the ordering process. Your order may be subject to additional payment or ordering conditions. The payment date is the day on which Maygra Studios receives the payment in its bank account. The delivery term will commence once payment for the purchase order/products is received by Maygra Studios, unless otherwise agreed by the Parties.

Late Payment and Interest

If the payment term is exceeded, the Client will be in default from the day the payment was due and will be required to pay the applicable statutory interest rate. Any costs incurred by Maygra Studios due to debt collection from late, incomplete, or non-payment, including but not limited to extrajudicial and judicial costs, bailiff fees, debt collection agency costs, legal proceedings, and lawyer fees, will be charged to the Client. Extrajudicial debt collection costs will amount to 10% of the total purchase order, with a minimum of $150, excluding taxes, without prejudice to Maygra Studios’ right to claim the actual extrajudicial debt collection costs.

Cancellation due to Default

In the event of payment default, Maygra Studios is entitled to cancel the execution of the Agreement and any related agreements, or to rescind them.

V. Delivery

Estimated Delivery Term

The delivery term provided by Maygra Studios is an estimate and does not constitute a fixed or binding deadline. If the delivery term is exceeded, the purchaser is not entitled to claim compensation. Except in the case of a Consumer Purchase, the Client must notify Maygra Studios in writing of any delayed delivery and must grant Maygra Studios a reasonable additional period to complete the delivery before being considered in default.

Delivery Delays

If the delivery is delayed due to a product being temporarily out of stock, or for other reasons, or if it is not possible to fulfill all or part of the order/Agreement, the Client will be notified within three weeks of the payment being made. In such cases, the Client has the right to cancel the order without incurring any charges.

Method of Transport

Maygra Studios will determine the method of transport for goods ordered through the Maygra Studios Webshop, unless otherwise agreed upon.

Risk and Responsibility

The risk and responsibility for the products pass to the Client upon delivery. Delivery is considered to have occurred when the products leave Maygra Studios’ premises or storage. For Consumers, delivery is considered complete when the products are delivered to the address provided by the Consumer, or, if the Consumer is absent, to a neighbor, the post office, or another third party designated by the Consumer.

Rejection of Delivery

If the Client rejects the delivery, any associated costs, as well as any damages suffered by Maygra Studios, may be charged to the Client.

VI. Cancellation of the Purchase Agreement

Modification or Cancellation of Orders

Purchase orders may only be modified or canceled with the explicit consent of Maygra Studios. If Maygra Studios has already incurred or will incur costs as a result of modifying or canceling the order, the Client will be responsible for reimbursing these costs, except in cases specified in Articles VI.2 and VI.3.

Consumer's Right to Cancel

In the case of distance sales, Consumers have the right to cancel the purchase agreement without providing a reason within 14 working days from the date of receipt of the products. The Consumer is responsible for covering the shipping costs related to returning the products.

Conditions for Cancellation

Consumers may only exercise their right to cancel the purchase agreement if the products are returned in their original, complete, undamaged, and unused condition, including the original packaging. The returned products must be received by Maygra Studios within 21 days of the Consumer receiving the product. The Consumer is responsible for ensuring that the products are properly stamped for return. The shipping risk and proof of return rest with the Client. If a Consumer cancels a distance sale under Articles VI.2 and VI.3, Maygra Studios will refund the amount paid for the product within thirty days of receiving the returned product.

Exceptions to Cancellation Rights

The cancellation rights outlined in Articles VI.2 and VI.3 do not apply to distance sales to Consumers in the following cases:

a. Products whose price fluctuates due to financial market changes outside of Maygra Studios' control;

b. Products that are custom-made according to the Consumer's specifications;

c. Products that are clearly personalized or of a personal nature;

d. Products that cannot be returned due to their inherent characteristics.

Return of Delivered Products

Delivered products may only be returned with prior written consent from Maygra Studios, and must be returned in accordance with the return instructions provided by Maygra Studios.

VII. Retention of Title

Ownership Retention

Ownership of all products supplied by Maygra Studios remains with Maygra Studios until the Client has fully discharged all obligations under the Agreement with Maygra Studios.

Sale of Products by Professional Purchaser

The Professional Purchaser is permitted to sell products, for which ownership remains with Maygra Studios, to third parties only in the ordinary course of their business operations.

Right to Reclaim Products

If the Professional Purchaser breaches any of its obligations under the Agreement with Maygra Studios, or if Maygra Studios reasonably believes that the purchaser will fail to fulfill its obligations, Maygra Studios reserves the right to reclaim the delivered products, either from the purchaser or from any third parties who hold the products on behalf of the purchaser.

Cooperation in Product Recovery

In such cases, the purchaser shall fully cooperate with Maygra Studios in the recovery of the products.

Indemnification

The Client agrees to indemnify and hold Maygra Studios harmless from any claims by third parties arising from the execution of the Agreement that are caused by actions attributable to the Client.

Exceptions to Liability Limitations

The liability limitations set forth in Articles IX.1 through IX.4 do not apply in the following cases:

a. Damages resulting from willful misconduct or gross negligence by Maygra Studios or its employees;

b. Product liability as stipulated in applicable U.S. laws regarding product liability.

X. Privacy Policy

Use of Personal Data

Maygra Studios collects and processes personal data provided by the Client to:

  • Fulfill its obligations under the Agreement;

  • Conduct marketing activities;

  • Maintain its relationship with the Client.

Maygra Studios complies with applicable privacy laws, including relevant U.S. data protection regulations.

Client Rights

The Client has the right to access their personal data at any time. To request access, the Client should contact Maygra Studios via email at sthurman30@gatech.edu

Unforeseen Circumstances

If unforeseen events beyond either party's control prevent the fulfillment of obligations, these obligations will be temporarily suspended. The party affected by such events must promptly inform the other party of the occurrence and cessation of these circumstances.

XI. Force Majeure

Definition of Force Majeure

Force majeure refers to any unforeseen and unavoidable event beyond the control of the parties, which prevents the fulfillment of their obligations. Examples include transportation disruptions, natural disasters (e.g., earthquakes, fires, floods), or interruptions to telecommunications networks outside the parties’ control.

Resolution of Force Majeure Events

The parties will work together in good faith to assess the situation and determine how to proceed with the Agreement.

Termination Due to Prolonged Force Majeure

If the force majeure event continues for more than three months, either party may terminate the Agreement without further liability.

XII. Intellectual Property Rights

Ownership of Intellectual Property

The Client acknowledges that Maygra Studios holds ownership or licensing rights to all intellectual property associated with its products, including images, packaging, website content, texts, trademarks, trade names, logos, proprietary information, concepts, and databases.

Prohibition of Unauthorized Use

Reproducing, distributing, or publicly disclosing any of these protected materials, either fully or partially, is strictly forbidden without Maygra Studios’ prior written consent.

Non-Transfer of Rights

The Client may not assign, transfer, or delegate the Agreement or any associated rights or obligations to a third party without Maygra Studios’ prior written approval.

XIII. Applicable Law and Competent Court

Governing Law

All rights, obligations, offers, orders, Agreements, and these General Terms & Conditions are governed solely by the laws of the State of Delaware, United States.

Jurisdiction

Any disputes arising between the parties will be resolved by the competent courts of New Castle County, Delaware.