Clause 1: Nature and Purpose of the Contract
This contract is an online sales contract subject to acceptance by the seller written in accordance with the terms of the French legislation in force.
The contractual information is presented in French and the products presented for sale comply with French legislation as of December 1, 2009.
The purpose of this contract is to sell the products presented on the website http://www.magic-custom.com/.
Clause 2: Identification of the parties
The parties to the contract are on the one hand the company MAGIC-CUSTOM, hereinafter "the seller", and on the other hand the customers of the online sales site of the magic-custom brand http://www.magic-custom.com/, hereinafter "the customers".
Clause 3: Obligations of the parties
The seller is bound by an obligation of means.
In particular, he undertakes to return the items ordered to the postal services within the time limits announced at the time of conclusion of the contract.
The seller reserves the right to refuse the order of a customer with whom a dispute of any kind has already occurred.
Customers undertake to pay in full for the products ordered at the time of validation of the order.
Clause 4: Presentation and description of products
The characteristics of the products offered for sale are presented in the "product sheets".
The prices of the products are indicated in Euros (€) all taxes included, excluding shipping costs. The amount of VAT paid by the customer as well as the amount of shipping costs corresponding to the chosen delivery method are displayed on the screen in the summary page of the customer selection.
In the event that one of the product sheets is incomplete, it is the responsibility of any interested party to send an e-mail requesting additional information on a product to customer service. The customer who places an order without having exercised this option therefore declares to be in possession of all the information necessary to finalize his order.
Product information is provided subject to typographical errors.
The photographs on the site do not fall within the scope of the contract.
The seller reserves the right to change its prices at any time, without notice and without any possible compensation.
All texts and images presented on the seller's online sales site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes the present general terms and conditions of sale
Clause 5: Order procedure
Orders are validated by the "double click" procedure: after accessing a first summary of the preselected items in the shelves and added to the shopping cart, the customer is asked to confirm his selection before accessing the payment page on which he enters all the information necessary to pay the price requested by the seller.
Orders are confirmed by email: the seller sends an email to the address entered by the customer at the time of his order (or registration on the site) to summarize the exact terms of the contract entered into.
Information relating to the delivery of products is entered by the customer. In the event of a material input error by the customer, he has a maximum of 24 hours to notify the customer service of the desired delivery address. After this period, the seller cannot guarantee that the modification will be taken into account.
The data recorded by the seller constitutes proof of the nature, date and content of the contract. This contract is archived by the seller on his computer servers and the customer can access this information by contacting by mail the online sales contract archiving service - Société MAGIC-CUSTOM - 31 rue des Bourdonnais 75001 Paris.
Clause 6: Payment
Payment is made online on a platform external to the online sales site secured by PAYPAL.
The seller does not have access to the customer's banking information.
For more information on transaction security, please visit the PAYPAL website
Clause 7: Delivery of Products
The seller undertakes to deliver the packages containing the products ordered to the carrier chosen by the customer at the time of ordering.
The customer has the choice between:
- Delivery by Colissimo ®
- collection in store upon presentation of an identity document and the order confirmation email.
For more information, visit the Colissimo Rendez-vous ® FAQ site
Delivery is made, except in cases of force majeure beyond the control of the seller, within an average period of 7 days for France from the confirmation of the order and full payment.
Shipping costs vary according to the delivery method chosen.
The products remain the property of the seller until full payment of the price and/or receipt of the amount paid. However, as from the receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Clause 8: Legal withdrawal period
In accordance with the provisions of the Consumer Code:
Article L120-20: "the consumer (here the customer) has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs".
Clause 9: Exchanges and returns
1. The seller accepts returns from customers within seven clear days provided that the items have not been worn (except normal fitting), washed or damaged and that they still have their original packaging and labels and/or accessories provided with the product.
2. The customer contacts the customer service of MAGIC-CUSTOM to make a request for a return to firstname.lastname@example.org, mandatory for a proper management of returns by our technicians. After agreement with customer service, the customer returns the package within 7 days.
2.1 It is recommended to use the original package to make returns as the available envelopes do not provide optimal protection for the returned items. Thus, a return could be refused even though the items have been returned in good condition if they arrive degraded on our returns platform. Similarly, it is advisable to return the products by registered mail.
3. The seller reserves the right to refuse a return for any reason that does not comply with the conditions set out in paragraphs 1 and 2. Thus, the non-compliant controlled package will be sent back to the customer at his expense.
4. In the event of a compliant return, the seller offers the customer two options: exchange for a product of the same value on the day of purchase or a credit note corresponding to the amount paid for the returned products, which can be used for a period of three (3) months on the website http://www.magic-custom.com
5. Returns must include a copy of the invoice and an explanatory note written by the customer indicating which option he has chosen.
6. Returns are not accepted for discounted products, as the products were purchased as part of an exceptional offer from the seller. These products cannot be exchanged, credited or refunded.
Returns should only be sent to:
104 rue D'Aboukir
Clause 10: After-sales service
The relationship between the seller and the customers is governed by this contract.
To exercise his withdrawal period, the customer must send (at his choice) an e-mail or a registered letter with acknowledgement of receipt stating unequivocally the customer's intention to exercise his right of withdrawal.
The letter or email must be sent within the seven clear days provided for by law, the postmark and/or electronic dating by our server being proof.
Customer service is open in the morning from 11am to 6pm on Monday, Wednesday and Thursday, you can contact the after-sales service on 09 87 16 00 77
You can also contact the after-sales service by email at the following address:
Clause 11: Limitation of the seller's liability
1. The seller cannot be held liable in the event of loss, damage or delay in delivery of the package.
1.1 the seller declines any responsibility concerning the tracking of a package he has sent. It is the responsibility of the customer wishing to track his package to ask the seller for the package number by email to customer service.
2. The products are offered for sale "subject to availability" and the seller cannot be held responsible in the event of exhaustion of stocks and can under no circumstances be held liable to pay damages in this respect, or any other financial compensation.
2.1 In the event of unavailability, the customer will be informed of the situation by email, telephone or mail. If the product is definitively unavailable, the customer may choose another product of equivalent value or request a credit note for the amount of the order placed valid for a period of three (3) months or request a refund of the amount already paid by him.
3. The seller cannot be held liable in the event of a typographical error on his part regarding the price or description of the products or on the part of the customer in the information he has entered.
3.1. Similarly, the seller cannot be held liable in the event of a typographical error on the part of the customer when entering his address or e-mail address, which would prevent the seller from successfully performing the services to which he has committed himself.
3.1.1 As a non-exhaustive example, a collar
3.1.1 As a non-exhaustive example, a package returned to the sender with the mention by the carrier of an error on the part of the customer that makes delivery impossible will not be reshipped to the customer without full payment of new delivery charges.
4. The sale is subject to the condition of acceptance by the seller of the terms of the sale, this acceptance is manifested either by the preparation and shipment of the order or by the debit of the credit card used by the customer during his order on the online sales site.
4.1. A refusal of an order is manifested by a rejection of the payment by the seller.
22.214.171.124 This refusal may be exercised, for example, for an order that includes items whose description or price are incorrect or for previous disputes with the customer.
5. The seller reserves the right to modify at any time these general terms and conditions of sale, in part or in whole. In the event of a change, the general terms and conditions of sale in force on the day of the order will be applied to each order. the customer has the possibility of keeping a record of the general terms and conditions of sale in force on the day of his order by creating a text document that he keeps on his personal computer or on a server that he is authorized to use as a storage medium or by printing these general terms and conditions of sale.
Clause 12: Conciliation of the parties in the event of a dispute of any nature
In the event of a dispute between the seller and the customer, the latter undertakes to initiate conciliation proceedings directly with the seller in order to settle the dispute without the intervention of a third person or legal entity.
This procedure replaces any other form of resolution existing for a period accepted by the customer of 30 working days.
Clause 13: Partial invalidity of the contract
In the event that one of the clauses of this contract is annulled or declared unlawful, this nullity shall not affect the other clauses of the contract unless they are closely related to it.
Clause 14: Confidentiality of data
The personal data provided by customers are not disclosed to third parties. They are, unless the customer expressly objects, integrated into the customer file of MAGIC-CUSTOM.
The bank information provided during payment is not accessible to MAGIC-CUSTOM.
In accordance with the law 78-17 of January 6, 1978, the customer has at any time a right of access and rectification of personal data concerning him. To exercise this right, the customer must contact the company's customer service department by e-mail, telephone or mail.
Legal information SAS MAGIC-CUSTOM :
MAGIC CUSTOM SAS
Share capital 138 000€
RCS PONTOISE 791 808 488 00013
Intracommunity VAT number FR 42 791 808 488 APE 4671Z
Head Office: 104 rue D'Aboukir 75002 Paris
Customer Service: +33 987160077