MAGIC BODYFASHION - SERVICE AND GENERAL CONDITIONS
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General Terms and Conditions
GENERAL
1.1 By using our Internet site and placing an order, you acknowledge that you accept the conditions of delivery and payment of Magic Bodyfashion.
As a result, the conditions of delivery and payment given below are applicable and all other rights and/or obligations stated on this website take effect. These General Terms and Conditions can be obtained on request from:
MAGIC Bodyfashion BV
Einsteinstraat 30F
1446VG Purmerend
NL - The Netherlands
Chamber of Commerce no. 3412.9298
VAT no. NL808931015B01
Tel. +31 299 477970 for consumers
Tel. +31 299 477388 for shops
Fax. +31 299 647885
APPLICABILITY
2.1 These General Terms and Conditions apply to all offers made by and to all agreements concluded with Magic Bodyfashion. These General Terms and Conditions can be changed or amended by Magic Bodyfashion as necessary. Additional Conditions may apply to certain offers, products or services.
2.2 Appeal by the purchaser to his own General Terms and Conditions does not apply, unless Magic Bodyfashion has expressly consented to this.
2.3 The purchaser is defined as every visitor to the Internet site, including every legal entity or natural person that enters into a contractual relationship of any kind with Magic Bodyfashion.
CONCLUSION OF AN AGREEMENT
3.1 Price statements and quotations should be considered as an invitation extended to the potential purchaser to place an order. Magic Bodyfashion is in no way obliged to accept this order and the purchaser can therefore not make any claims with regard to it.
3.2 The conclusion of the agreement is only accepted if:
- the article is in stock
- the purchaser has indicated exactly which product he/she wants to receive.
- the purchaser has entered the information on the Internet site
- the purchaser has paid for the order in the manner indicated by Magic Bodyfashion.
3.3 The purchaser and Magic Bodyfashion expressly agree that by making use of electronic forms of communication a valid agreement has been concluded as soon as the conditions in Articles 3.1 and 3.2 have been met.
3.4 Because use is made of electronic communications, a signature will be absent. The purchaser and Magic Bodyfashion agree that the absence of an ordinary signature does not diminish the binding effect of concluding the agreement.
3.5 All photographs, drawings and images will be shown as precisely as possible and all information, provided verbally and in writing, will be provided in good faith. But Magic Bodyfashion does not guarantee that all offers and products will fully correspond with the information or images provided. In principle, any deviations discovered cannot be used as grounds for any compensation and/or the dissolution of the agreement.
PRICES
4.1 All prices on the website are stated in Euros, US dollars, GBP pounds and include value added tax.
4.2 The offers are valid for the period stated on the website and/or as long as stocks are available.
4.3 Shipping costs are not included in the price. Part of the costs of preparing the order for shipping, checking, transporting and delivering the order are included in the price of the order. This part of the postal costs is determined by Magic Bodyfashion and can be found on top of the website under ‘Shipping’. On concluding the agreement, these costs are accepted by the purchaser.
PAYMENT
5.1 There are different ways to make payment, all of which are indicated on the website. All payments are provided by BIBIT internetpayments.
5.2 If payment for the order is not made by the purchaser within two weeks of the order being placed, Magic Bodyfashion is authorised to consider the agreement that is to be concluded as non-binding and, if necessary, to declare it dissolved with immediate effect.
DELIVERY AND DELIVERY TIME
6.1 All goods can generally be delivered from stock. In principle, Magic Bodyfashion strives to ship the order by post to the address given within 14 workdays of receiving payment. This period is only an estimate and is not a deadline.
6.2 If a product is not in stock, an indication will be given of when the article will be available. Magic Bodyfashion will contact the purchaser about this by e-mail, fax or telephone. The additional information concerning the time of delivery given at this time is only an estimate. No rights may be derived from this.
6.3 Delivery will be made to the delivery-address given by the purchaser.
6.4 The maximum delivery time of our products is 14 days, unless otherwise agreed. If this delivery time cannot be met, Magic Bodyfashion will inform the consumer in good time and offer the possibility of dissolving the agreement or agreeing a new delivery time. On dissolving an agreement, any payments already made will be repaid within 14 days.
EXCHANGES
7.1 The buyer is required to inspect the order carefully as soon as it is received, or to have a third party inspect it, in order to verify that it is the correct product, size and colour.
7.2 The buyer can exchange the article or receive a refund, as long the requirements of the returns’ policy are met, as given in the Terms and Conditions on this website.
7.3 If the buyer would like to cancel the purchase by requesting a refund, Magic Bodyfashion will ensure that the purchase price is refunded within 14 days of the return being received from the buyer, as long as the requirements of the returns’ policy has been met, as given on the website.
7.4 The buyer must send the return to the Magic Bodyfashion address and it must be in the original packaging. Magic Bodyfashion will only accept returns that are registered via the website and where a name and order number are stated on the packaging. To aplly a return please login with your username and password and go to "order history" there you find the return back link.
THE TERMS AND CONDITION FOR RETURNING AN ORDER
Within 7 working days after receipt, the consumer can return a product if this is approved by Magic Bodyfashion. Terms and conditions apply to this:- Magic Bodyfashion expects the consumer to pay the P&P costs for the return in their entirety. A return can only be requested via the website as is clearly stated in “frequently asked questions”
RETURNS’ POLICY
If you are not satisfied with one of your articles you can register the return on our website, clearly stated in “frequently asked questions”
You can return the article to the address below within 7 (seven) days of purchase, as long as the article has not been used, is in the original packaging and all the labels are intact. The product cannot have been worn. We will replace the item/items or refund the amount entirely.
We recommend that you use registered post to return clothing or send it by courier in suitable packaging. Magic Bodyfashion will only accept returns that are registered via the website as described in “frequently asked questions” and where a name and order number are clearly stated on the packaging. We cannot be held liable for lost articles or articles that are damaged as a result of sending.
Magic Bodyfashion BV
attn. Returns (state your order number, name and address)
Twentepoort West 51
7609RD Almelo
NL - The Netherlands
NOTE: Magic Bodyfashion will not accept any returns that have not been registered via the website.
You can do this by logging into your account and then entering your return. We will send you an answer as soon as possible.
Do not forget to add your bank details so that we can refund your money.
Returns’ conditions for lingerie
Note: for reasons relating to hygiene, our general returns’ policy for Lingerie applies.
For the same reasons, we ask you to try on Magic articles over your own underwear. We retain the right to refuse returned articles if it seems that this has not been the case.
Silicone products and other articles that come into direct contact with the skin CANNOT be returned.
WARRANTY
8.1 The general Conditions of Warranty pertain to all products of Magic Bodyfashion.
LIABILITY
9.1 Magic Bodyfashion is never required to pay any kind of compensation to the purchaser or to third parties, unless it involves a case of intent or gross negligence.
9.2 If Magic Bodyfashion is obliged, for any reason, to pay compensation for loss or damage, then the compensation shall never be higher than an amount equal to the invoice value of the product for which the loss/damage was incurred.
9.3 The content of the website has been carefully composed. But it is possible that some of this information is incomplete or incorrect. Magic Bodyfashion is not liable for any errors or inaccuracies found on the site or for the consequences of using the information in question.
9.4 Magic Bodyfashion reserves the right to make changes or introduce amendments effective immediately. This can be done without any notice being required.
FORCE MAJEURE
10.1 In the case of force majeure, Magic Bodyfashion is not required to fulfil its obligations towards the purchaser.
10.2 Under the definition of force majeure fall all circumstances stipulated as such by law, such as:
- fire
- strikes
- the non-delivery or late delivery on the part of suppliers or third parties
- malfunctions in the computer network or in the power supply, as well as all other circumstances that fall outside the direct sphere of influence and responsibility of Magic Bodyfashion.
RIGHTS
11.1 All rights to intellectual property as indicated on the Internet site are held by Magic Bodyfashion and its suppliers. This includes Patent, Brands and Model rights and other rights such as copyrights on photographs, drawings and texts.
11.2 Without the prior written permission of Magic Bodyfashion, infringing upon the intellectual property rights of Magic Bodyfashion is forbidden.
PRIVACY
12.1 Through your order, your personal data will be included in the client file kept by Magic Bodyfashion in compliance with the legally binding rules governing privacy. Magic Bodyfashion promises to handle the personal data of the purchaser carefully in accordance with its privacy policy.
DISPUTES AND APPLICABLE LAW
13.1 All disputes pertaining to or ensuing from the agreement concluded with Magic Bodyfashion shall be brought before the competent court in Amsterdam, unless expressly agreed otherwise.
