Article 1. Object
The present conditions of sale aim at defining the contractual relations between Magic White and the buyer and the conditions applicable to any purchase made through the website www.magicwhite.eu The acquisition of a product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the Magic White website (www.magicwhite.eu) is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under the present general conditions of sales.
Magic White reserves the right to modify these terms and conditions at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the Magic White website (www.magicwhite.eu) while stocks last. Magic White reserves the right to change the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (instructions for use, type of gel). The photographs are as accurate as possible but are not binding on the Seller. The sale of products presented in the Magic White website (www.magicwhite.eu) is intended for all major buyers.
Article 3. Rates
The prices appearing on the cards products of the Internet catalog and are prices in Euros (€) (or multi-currencies) all taxes included (TTC) taking into account the VAT applicable to the day of the order. Any change in the VAT rate may be reflected in the price of the products. Magic White reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order. In Belgium, for any order equal or superior to 100 € TTC, shipping is free; for all orders under 100 € TTC, shipping costs will be charged to the buyer.
Article 4. Order and payment terms
Before ordering, the buyer must create an account on the Magic White website (www.magicwhite.eu). The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile…), will have to identify himself with this information. Magic White offers the buyer to order and pay for his products in several steps:
– Secure payment by Bancontact, iDeal, Visa, Mastercard, Paypal or credit card (via the PAYPAL system) : the buyer selects the products he wants to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by Paypal”. The next step proposes to him to check all the information, to take knowledge and to accept the present general conditions of sale by notching the corresponding box, then invites him to validate his order by clicking on the button “Order”. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter his Paypal account or personal credit card references. If the payment is accepted, the order is registered and the contract definitively formed. The payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited or refunded. The cardholder is not liable if the disputed payment was proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract with the bank so provides. The amounts charged are reimbursed by the bank within a maximum of one month after receipt of the holder’s written objection. Aucun frais de restitution des sommes ne pourra être mis à la charge du titulaire. The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase. The whole of the provided data and the recorded confirmation will be worth proof of the transaction. If the purchaser has an e-mail address and if he has given it on his order form, Magic White will send him by e-mail the confirmation of the registration of his order. If the buyer wishes to contact Magic White he can do so by email [email protected]; or by phone at +32 (2) 808 06 34
Article 5. Reservation of ownership
Magic White keeps the full ownership of the sold products until the full payment of the price, in principal, expenses and taxes included.
Article 6. Withdrawal
Under Art. VI.47 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. The orders are made by La Poste, delivery service with follow-up, delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Magic White will be able to provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his letter carrier. En cas d’absence de l’acheteur, il recevra un avis de passage de son facteur, ce qui lui permet de retirer les produits commandés au bureau de Poste le plus proche, pendant un délai indiqué par les services postaux. The risks related to the transport are the responsibility of the purchaser from the moment the items leave the premises of Magic White. The buyer is required to verify in the presence of the employee of the Post Office or the deliverer, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by Magic White are covered by the legal guarantee provided by art. 1649bis-1649octies of the Civil Code. In case of non-conformity of a sold product, it can be returned to Magic White who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: chaussée de Ruisbroek 390 in. 1620 Drogenbos, within thirty days after delivery.
Article 9. Responsibility
Magic White, in the process of distance selling, is only bound by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 10. Intellectual Property
All elements of the Magic White website (www.magicwhite.eu) are and remain the exclusive intellectual property of Magic White. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
Magic White is committed to preserving the confidentiality of the information provided by the purchaser, which he/she would have to transmit for the use of certain services. Any information concerning it is subject to the provisions of the Protection of Privacy, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data.
In this respect, the Internet user has the right to access, modify and delete information concerning him/her. He can request it at any time by email to Magic White, [email protected].
Article 12. Dispute Resolution
The present conditions of distance selling are subject to Belgian law. For all disputes or litigation, the competent court will be that of Brussels.