MAGIC BODYFASHION - SERVICE AND GENERAL CONDITIONS
General Terms and Conditions

GENERAL

1.1By using our Internet site and placing an order, you acknowledge that you accept the conditions of delivery and payment of Magic Bodyfashion BV.
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
Twentepoort West 51
7609 RD Almelo
NL - The Netherlands
Chamber of Commerce no. 3412.9298
VAT no. NL808931015B01


APPLICABILITY

2.1These General Terms and Conditions apply to all offers made by and to all agreements concluded with Magic Bodyfashion BV. These General Terms and Conditions can be changed or amended by Magic Bodyfashion BV as necessary. Additional Conditions may apply to certain offers, products or services.

2.2Appeal by the purchaser to his own General Terms and Conditions does not apply, unless Magic Bodyfashion BV has expressly consented to this.

2.3The 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 BV.


CONCLUSION OF AN AGREEMENT

3.1Price statements and quotations should be considered as an invitation extended to the potential purchaser to place an order. Magic Bodyfashion BV is in no way obliged to accept this order and the purchaser can therefore not make any claims with regard to it.

3.2The 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 BV.

3.3The purchaser and Magic Bodyfashion BV 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.


3.4Because use is made of electronic communications, a signature will be absent. The purchaser and Magic Bodyfashion BV agree that the absence of an ordinary signature does not diminish the binding effect of concluding the agreement.

3.5All 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 BV 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

4.1All prices on the website are stated in Euros, US dollars, GBP pounds and include value added tax.

4.2The offers are valid for the period stated on the website and/or as long as stocks are available.

4.3Shipping 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 BV and can be found on top of the website under ‘Shipping’. On concluding the agreement, these costs are accepted by the purchaser.


PAYMENT

5.1There are different ways to make payment, all of which are indicated on the website. All payments are provided byBIBITinternetpayments.

5.2If payment for the order is not made by the purchaser within two weeks of the order being placed, Magic Bodyfashion BV 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

6.1All goods can generally be delivered from stock. In principle, Magic Bodyfashion BV 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.

6.2If a product is not in stock, an indication will be given of when the article will be available. Magic Bodyfashion BV 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.

6.3Delivery will be made to the delivery-address given by the purchaser.

6.4The maximum delivery time of our products is 14 days, unless otherwise agreed. If this delivery time cannot be met, Magic Bodyfashion BV 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

7.1The 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.

7.2The 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.

7.3If the buyer would like to cancel the purchase by requesting a refund, Magic Bodyfashion BV 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.

7.4The buyer must send the return to the Magic Bodyfashion BV address and it must be in the original packaging. Magic Bodyfashion BV 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 BV. Terms and conditions apply to this:- Magic Bodyfashion BV 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 BV 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
F.a.o. Returns (state your order number, name and address)
Twentepoort West 51
7609 RD Almelo
The Netherlands

NOTE: Magic Bodyfashion BV 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

8.1The general Conditions of Warranty pertain to all products of Magic Bodyfashion BV.


LIABILITY

9.1Magic Bodyfashion BV 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.

9.2If Magic Bodyfashion BV 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.

9.3The content of the website has been carefully composed. But it is possible that some of this information is incomplete or incorrect. Magic Bodyfashion BV is not liable for any errors or inaccuracies found on the site or for the consequences of using the information in question.

9.4Magic Bodyfashion BV reserves the right to make changes or introduce amendments effective immediately. This can be done without any notice being required.


FORCE MAJEURE

10.1In the case of force majeure, Magic Bodyfashion BV is not required to fulfil its obligations towards the purchaser.

10.2Under 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 BV.


RIGHTS

11.1All rights to intellectual property as indicated on the Internet site are held by Magic Bodyfashion BV and its suppliers. This includes Patent, Brands and Model rights and other rights such as copyrights on photographs, drawings and texts.

11.2Without the prior written permission of Magic Bodyfashion BV, infringing upon the intellectual property rights of Magic Bodyfashion BV is forbidden.


PRIVACY

12.1 Through your order, your personal data will be included in the client file kept by Magic Bodyfashion BV in compliance with the legally binding rules governing privacy. Magic Bodyfashion BV 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 BV shall be brought before the competent court in Amsterdam, unless expressly agreed otherwise.

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