Between the Boutique Magic Effect Company, 31 rue des Alisiers, 14210 Tourville sur Odon, with Share Capital of € 500, registered in the Caen Trade and Companies Register under the SIRET NUMBER 85321416100012, represented by Mr. Olivier HELAINE as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Company identification:
Company name: SARL BOUTIQUE MAGIC EFFECT
Manager: Mr Olivier Helaine
Address : 31 Rue des Alisiers, 14210 Tourville sur Odon
Email : contact@shop-magic-effect.co.uk
Website : http://www.shop-magic-effect.co.uk
Legal status : LLC owned by a sole proprietor
Intra-community VAT number: FR14853214161
SIRET number : 85321416100012
APE code: 4778C
On the one hand, And the natural or legal person purchasing the company’s products or services, Hereinafter, the Customer. On the other hand, It was stated and agreed as follows: PREAMBLE
The contract is only concluded between the seller and the Internet user.
The Seller is a publisher of products and services of magic items exclusively for consumers, marketed through its websites (http://www.shop-magic-effect.co.uk). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
The activity of the company is presented and explained as well as the destination of the products (sold to consumers) – cf. art. L111-1 consumer code.
Article 1: Object
These General Terms and Conditions of Sale determine the rights and obligations of the parties within the scope of the online
selling of products offered by the Seller
The contract defines the obligations of the parties (seller: deliver the goods, buyer: pay the price) – information obligation imposed by art. L111-1 of the Consumer Code.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company’s websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTCS then applicable are those in force on the date of payment (or of first payment in case of multiple payments) of the order. These GTCS can be viewed on the Company’s website at the following address: https: // shop-magic-effect.co.uk/terms-of-sales/ . The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to contract legally pursuant to French law or validly represent the natural or legal person to whom he commits. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2.1: Price
The prices of the products sold through the website are indicated in Euros all taxes included (TTC) and precisely determined on the product description pages. They are also indicated in euros (with any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or French Overseas Departments and Territories, the price is automatically calculated on the invoice, all taxes included. Customs duties or other local taxes or import duties or state taxes may be required in certain cases. These duties and sums are not the responsibility of the Seller. They will be payable by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If required, also the delivery costs as well.
Article 3: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, and if necessary of its options and indication of the essential customer data (identification, address, etc.);
➢ Acceptance of the General terms Conditions of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Following payments instructions and paying for the products
➢ Delivery of the products.
The Customer will then receive confirmation of payment of the order by email, as well as an acknowledgment of receipt of the order confirming it. For delivered products, the delivery will be made to the address indicated by the Customer or the Seller for the parcel pickup point. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless specified otherwise, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the Seller refunds or exchanges defective products or products not corresponding to the order. Refunds can be requested at the following adress : contact@shop-magic-effect.co.uk An email to our company to make the displeasure known.
The products are all magic items or cards.
Article 5: Title retention clause
The products remain the property of Boutique Magic Effect Company until full payment of the price.
The seller remains owner of the goods until the customer has paid the full sales price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the indicated period. This time does not take into account the time taken to prepare the order. In the event of late delivery, the Customer can cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a phone number (cost of a local call from a landline) indicated in the order confirmation email to ensure the order follow-up. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss of or damage on the products passes to him. It is the Customer’s responsibility to notify the transporter of any reservations about the product delivered.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event that an item is unavailable for a period exceeding 20 working days, you will be immediately notified of foreseeable delivery times and the order for this item may be canceled on request. The Customer can then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted by the rule book and cannot be read during transmission through the Paypal network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the sale is automatically rescinded by right and the order cancelled
The types of payments accepted are by check, bank transfer or even by credit card
Article 9: Withdrawal period
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties except, if necessary, return costs ”. “The period mentioned in the previous paragraph runs from
the receipt of goods or from the acceptance of an offer for services”. The right of withdrawal can be exercised by contacting the Company at the following number :33 2 31 91 10 72. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, Return costs remain the responsibility of the Customer. Product returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be re-marketed in like-new condition; if possible, they should be accompanied by a copy of the proof of purchase. Refund procedure by e-mail, send us a message at contact@shop-magic-effect.co.uk.
Article 10: Guarantees
In accordance with the law, the Seller takes over two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made by contacting us at : contact@shop-magic-effect.co.uk. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between replacement and repair of the good subject to the conditions laid down by the apparently defective or not corresponding article – that he is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months as of March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the cancellation of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If need be, the Buyer may submit any complaint by contacting the company using the following contact detailscontact@shop-magic-effect.co.uk
Article 12: Intellectual property rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
It is simply recalled here that the sale does not lead to any IP transfer.
Article 13: Force majeure
The performance of the seller’s obligations hereby is suspended in the event of a fortuitous event or force majeure which would prevent their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and amendment of the contract
If any stipulation of this contract was to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual amendment is only valid after a written and signed agreement of the parties.
Standard clause for management of the potential nullity of the contract
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you agree that we collect and use this data to execute this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the data controller (the Company) by registered letter with acknowledgement of receipt. We monitor traffic on all of our sites. For this, we use tools such as WordPress.
Article 16: Applicable law
All the clauses appearing in these general terms and conditions of sale,
as well as every purchase and sale referred to therein, will be subject to French law.
