General terms and conditions

General

Article 1. Applicability

1.1 All offers, orders and agreements of Living Magic are exclusively subject to these General Terms and Conditions of Sale (hereinafter: Terms and Conditions), to the exclusion of any other general terms and conditions.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

1.3 Deviations from the provisions of these Terms and Conditions are only permitted in writing, whereby the other provisions remain in full force.

1.4 All rights and claims stipulated in these Terms and Conditions and in any additional agreements for the benefit of Living Magic also apply to the intermediaries and other third parties engaged by Living Magic.

Article 2. Offers/agreements

2.1 All offers from Living Magic are without obligation and Living Magic expressly reserves the right to change prices, especially when this is necessary based on (legal) regulations. Prices and product information are subject to change and may be subject to change. Living Magic cannot be held liable for any errors in the information on this website.

2.2 An agreement is only concluded after acceptance of your order by Living Magic. Living Magic is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Living Magic will notify this within ten (10) days after receipt of the order.

2.3 Some of the products may be offered under the mention of an age classification. By ordering these products you declare that you are at least the stated age.

Article 3. Prices and payments

3.1 The stated prices for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Payment must be made using the payment methods made available, unless otherwise agreed in writing.

3.3 If Living Magic outsources its claim for collection (for example if the payment term is exceeded), you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Living Magic's authority to claim the actual extrajudicial collection costs incurred instead.

3.4 If you are in default of any payment, Living Magic is entitled to suspend or terminate the relevant agreement and related agreements.

3.5 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within fourteen (14) days after notification of the price increase by Living Magic.

Article 4. Delivery

4.1 Items in stock are usually shipped within a few working days after payment. However, in case of high demand, there may be a waiting period. Orders can be shipped in parts without additional shipping costs. The delivery times of Living Magic are indicative. Exceeding these terms does not entitle you to compensation, cancellation of the order or termination of the agreement, unless the excess is significant. In that case, you can cancel the order or terminate the agreement.

4.2 Delivery of the products will take place at the location and time at which the products are ready for shipment to you.

Article 5. Retention of title

5.1 Ownership of delivered products will only be transferred if you have paid everything you owe to Living Magic under any agreement. The risk in respect of the products will already be transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights

6.1 You are obliged to fully and unreservedly respect all intellectual and industrial property rights applicable to the products supplied by Living Magic.

6.2 Living Magic does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Complaints and liability

7.1 You are obliged to examine upon delivery whether the products correspond to the agreement. If this is not the case, you must notify Living Magic of this as soon as possible and in any case within ten (10) days after delivery, or after the discovery could reasonably have been made, in writing or by e-mail, and clearly described.

7.2 If it is demonstrated that the products do not correspond to the agreement, Living Magic has the choice to replace the products in question by returning them with new products or to refund the invoice value thereof. The shipping of these products will be at your own expense, unless otherwise agreed.

7.3 If you do not wish to accept a product for any reason, you have the right to return the product to Living Magic within fourteen (14) days after delivery. Returns will only be accepted in this case if the packaging of the product is undamaged and the seal on the packaging (if present) has not been broken, whereby the costs for returns are also at your expense.

Article 8. Orders/communication

8.1 Living Magic is not liable for misunderstandings, delays, distortions or unclear transmissions of orders and communications resulting from the use of the Internet or other means of communication in the communication between you and Living Magic, or between Living Magic and third parties, insofar as these relate to the relationship between you and Living Magic, unless there is intent or gross negligence on the part of Living Magic.

Article 9. Force Majeure

9.1 Without prejudice to its other rights, Living Magic has the right, in the event of force majeure, to suspend the execution of your order or to terminate the agreement without judicial intervention, at its own discretion, by notifying you in writing, without Living Magic being obliged to pay any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

9.2 Force majeure means any shortcoming that cannot be attributed to Living Magic, because it is not its fault and is not its responsibility under the law, agreement or generally accepted views.

Article 10. Miscellaneous

10.1 If Living Magic allows deviations from these Conditions for any period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these Conditions. You may never make any claim on the grounds that Living Magic applies these Conditions with any flexibility.

10.2 If one or more provisions of these Terms and Conditions or any other agreement with Living Magic are in conflict with an applicable legal provision, the provision in question will lapse and be replaced by a new, legally permitted, comparable provision determined by Living Magic.

10.3 Living Magic is entitled to use third parties in the execution of your order(s).

Article 11. Applicable law and competent court

11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, are exclusively governed by Dutch law.

11.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

Placing an order

Use this section to explain what happens once a customer places an order on your website. This should include what happens at the end of your store (e.g. sending a confirmation email, contacting suppliers), and what the user can also expect to happen on their end.

Consider details such as order confirmation regarding actual payment received, pricing, how and when users can cancel their order, and how and when your store can refuse or cancel orders.

Delivery

This is where you should discuss your store's available delivery options, shipping process if available, delivery times, factors that could potentially delay delivery, package tracking, and more.

This section might be a good place to mention any delivery restrictions and any relevant shipping disclaimers.

Returns & Refunds

Here you should discuss your store’s return and refund policy. Think about the conditions customers must meet to make a return, describe the process, how long it takes, and whether you offer a full refund or store credit.

This is a good place to include any disclaimers your store has regarding returns and refunds. Think about things like returning products in their original, unused condition, date of return vs. date of purchase, etc.