Terms and Conditions
Article 01 - Applicability
01.01 The following conditions apply to all -including future- agreements in the context of which Cellumer/Magica World, under whatever title -including purchase, acceptance of work and the execution of assignments- delivers or makes goods available and / or any other performance.
01.02 The provisions of these General Terms and Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
01.03 These General Terms and Conditions can be invoked by anyone engaged by Magica World in the context of the execution of the agreement.
01.04 In these General Terms and Conditions, delivery or completion does not include the provision of services.
01.05 In these General Terms and Conditions reference is made to our website, hereinafter referred to as: “website”. 01.06 The other party of Magica World is hereinafter referred to as the “other party”.
01.07 The General Terms and Conditions that the other party presents to Magica World at any time are hereby expressly rejected.
Article 02 - Formation and content of the agreement, security, cancellation and failure by the other party
02.01 If a quotation contains a non-binding offer and this offer is accepted by the other party, Magica World has the right to revoke the offer within 2 working days after receipt of the acceptance. With due observance of this, the agreement between Magica World and the other party is concluded because the other party unconditionally accepts the quotation from Magica World or because Magica World accepts the order of the other party, whether or not under conditions. If Magica World sends a written confirmation, the content thereof will be deemed to have been agreed unless the other party protests in writing within eight working days after the date thereof. With regard to prices, Magica World refers to the provisions of Article 7 paragraph 1.
02.02 Cancellation of an agreement once concluded at the request of the other party can only take place if Magica World agrees to this in writing, which always takes place on the condition that all costs and loss of profit incurred by Magica World are reimbursed.
02.03 Magica World always has the right to require sufficient security prior to the conclusion of the agreement. Magica World also has the right to do so after the agreement has been concluded, if it has a reasonable suspicion that the other party will not fulfill its obligations. This is in any case the case if the other party does not fulfill any due and payable obligation towards Magica World, despite notice of default. In the event that the other party does not provide security despite notice of default, Magica World may exercise the rights as described in paragraph 6 of this article.
02.04 The other party bears the risk of incorrect data transfer if this transfer takes place orally.
02.05 Magica World has nothing to do with permits, exemptions, licenses, etc. that the other party needs to accept the delivery, or to put into use any service / item delivered / to be delivered by Magica World. Not obtaining this by the other party is at its expense and risk.
02.06 If Magica World has the right to dissolve an agreement, it also has the right to dissolve the other agreements existing between it and the other party, which have not yet been settled, by means of a written statement or to suspend the execution thereof. In that case, Magica World also has the right to claim from the other party all that it owes it in one go and / or to make future deliveries only cash on delivery. The rights described in this paragraph are without prejudice to the other rights of Magica World formulated in the Act.
02.07 The intellectual property of prices, drawings and other documents produced by Magica World rests with Magica World. They may only be made available to a third party - under whatever title - if Magica World grants written permission to do so upon request. Magica World has the right to claim the said documents at any time, as convenient.
02.08 If Magica World shows or provides documentation, an image, sample or model to the other party, this will only be done by way of indication, without the item / performance having to comply with it, unless and insofar as the parties explicitly agree to the contrary. With regard to the specifications that the item / performance must meet, Magica World refers to the provisions of Article 9, paragraph 3.
Article 03 - Authorization request data / change of address
03.01 By ordering, the other party authorizes Magica World to, if necessary, transfer data van other party can be requested from the municipal population administration. Magica World can obtain information about your payment behavior from the BKR (or in another way).
03.02 The Other Party is obliged to inform Magica World of any change of address. As long as Magica World does not receive a notification to the contrary, you are deemed to reside at the last address known to Magica World and the other party remains liable for the goods ordered that have been delivered to the old address.
Article 04 - Delivery
04.01 Magica World does its utmost to realize the announced delivery times stated in the website. The delivery times announced by Magica World are non-binding, however. It may be that an ordered item is (temporarily) sold out or is not immediately available for another reason.
04.02 If delivery is not possible within 30 days after the agreed delivery time for whatever reason, Magica World will inform the other party in good time and offer the option to dissolve the agreement or to agree on a new delivery time. In case of dissolution, the other party has the right to cancel the order free of charge, against a refund of the amount already paid.
04.03 The other party is obliged towards Magica World to immediately take receipt of the purchased item as soon as it is presented to him. If the other party does not receive the item, the item will be deemed to have been delivered at the moment that Magica World has offered the item (without prejudice to Magica World's right to dissolution and / or compensation), and will be responsible for it from the moment and at the risk of the other party. In that case Magica World has the right to invoice the other party.
04.04 Agreed terms of delivery apply - even if a specific end date or a specific term has been agreed - approximations and are not final unless explicitly agreed otherwise in writing. In the event of late delivery, Magica World must be given written notice of default, whereby Magica World must be granted a reasonable period, to be determined after consultation with it, within which it can still comply.
04.05 Magica World has the right to deliver the goods to be delivered in parts, on condition that this is done within the agreed term or within the term that was extended on the basis of the previous / next paragraph. Unless otherwise agreed, Magica World is always entitled to make cash on delivery deliveries.
04.06 Extension of the delivery period also takes place in the event of a temporary impediment to two weeks as referred to in article 10 paragraph 2. In that case - without the other party being allowed to dissolve the agreement - whether or not already on the basis of article 04 paragraph 5 extended delivery period extended by the period that the impediment continues, as well as by a period within which Magica World can reasonably proceed to delivery. A longer period than the period of two weeks referred to in this paragraph is allowed to Magica World if the other party only needs to dispose of the goods concerned after this period, and at the latest until that time. The other party is obliged to inform Magica World, on request, of the necessity referred to in the previous sentence.
04.07 The meaning of delivery clauses is explained on the basis of the latest edition of the Incoterms of the International Chamber of Commerce.
04.08 If the other party wishes to return goods to Magica World, its prior permission is required. The costs of returning the goods are at the expense of the other party while the goods are traveling at its risk. If, however, the return, after permission has been given on the part of Magica World, takes place in the context of an alleged attributable shortcoming on the part of Magica World, the return will be at the expense and risk of the party that is wrong on its side.
Article 05 - Shipping costs
05.01 The Other Party pays shipping costs per order, regardless of the number of items ordered.
Article 06 - Retention of title and pledge
06.01 All deliveries are made under retention of title. Magica World retains ownership of the goods delivered and to be delivered to the other party under any agreement until the other party:
06.02 The other party may not use the item subject to retention of title in any way as security for claims other than those of Magica World.
the price of all those items, plus interest and costs owed, has been paid in full and
has paid all claims with regard to work that Magica World performs or will perform on its behalf in the context of the relevant agreements, and
has paid the claims that Magica World on him if he fails to fulfill the aforementioned obligations.
06.04 If any third party on or in relation to an item subject to retention of title or an item on which a right of pledge referred to in the previous paragraph has been established, the other party is obliged to immediately notify that third party of the right of Magica World, and to inform Magica World of this without delay.
06.03 Between the parties, a right of pledge is established for the benefit of Magica World on movable, non-registered items that Magica World obtains from the other party as security for claims that Magica World has on the other party, for whatever reason. as well as for claims that Magica World will acquire on the other party on account of legal relationships already existing at the time of the establishment of the right of pledge. The right of pledge is established without further formalities when Magica World acquires the item concerned.
Article 07 - Prices, payment, costs and offers
07.01 Unless Magica World expressly states otherwise in writing, the prices stated by it are:
based on Prepayment, with IDEAL or Paypal. We do not ship COD.
based on Magica World prices that apply at the time of conclusion of the agreement. These prices can be found in the relevant, current, price list of Magica World that it will provide at the first request of the other party. If, after the agreement has been concluded, there is a price increase as a result of amended legal provisions, Magica World will inform the other party in good time and offer the option to dissolve the agreement; all claims have been paid with regard to work that Magica World performs or will perform on its behalf in the context of the relevant agreements, and,
exclusive of VAT, import and export duties and other taxes, levies and duties;
exclusive of costs of assembly, installation and commissioning, unless explicitly stated otherwise, in which latter case the costs mentioned are stated separately.
07.03 Magica World is not bound by its offer if there are printing, typesetting or programming errors in its catalogs, mailings or website.
07.04 The other party is obliged to pay the invoice amounts due in advance in advance within 14 days after the invoice date, without any appeal to discount, set-off or set-off. Afterwards, the other party, without any notice of default being required, owes interest of 2% cumulative per month on the invoice amount or the unpaid part thereof. Part of the month will be regarded as a full month. If the creditworthiness of the Counterparty cannot be sufficiently demonstrated, it is not possible to use the supplier credit of Magica World, an alternative payment option will then be offered. Magica World is free to refuse the supplier credit without stating reasons.
07.05 Magica World is authorized to charge interest and / or administration costs. If payment is made after a reminder by Magica World, you owe an amount of twenty-four euros and ninety-six cents (€ 24.96).
07.06 All extrajudicial costs associated with the collection of an invoice not paid or not paid on time are for the account of the other party. These extrajudicial costs amount in any case to 15% of the sum of the principal sum and the default interest with an absolute minimum of € 150.00. And € 30.00 administration costs, regardless of the amount of the actual extrajudicial costs for the other party.
07.07 In the event of liquidation, bankruptcy or suspension of payment of the other party, the obligations of the other party will be immediately due and payable.
07.08 Payments made by the other party always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, unless the other party explicitly states in writing that the payment relates to a later invoice. .
07.02 Offers are valid while stocks last and are only valid in Belgium, the Netherlands and France
Article 08 - Inspection and complaints
08.01 The other party is obliged to inspect the goods delivered by Magica World / performance performed by Magica World immediately after receipt for their soundness, insofar as this inspection is reasonably possible within the aforementioned time frame, but in any case for quantity and immediately visible defects. . If the other party wishes to complain in this respect, it must in any case inform Magica World in writing and in writing within five working days after delivery. Any right to complain lapses if this periodare not observed.
08.02 Furthermore, the other party must inspect the substance / performance within eight working days after delivery for its conformity with what has been agreed and, if a defect becomes apparent, submit a substantive and written complaint to Magica World within five working days afterwards. This rule also applies if the item / performance lacks a property that it possesses according to a statement made by Magica World, or if the deviation relates to facts that Magica World knew or should have known, but which it had not communicated to the other party.
08.03 If Magica World complies with a complaint from the other party, this does not mean that Magica World accepts Magica World's General Terms and Conditions. If it appears that a complaint has been wrongly expressed, Magica World has the right to charge the work performed by it and the goods delivered at its usual rates.
08.04 The submission of a complaint does not release the other party from its payment obligation and does not give it the right to suspend any payment.
08.05 Complaints never give the other party the right to suspend performance of its obligations, or to apply compensation or set-off.
Article 09 - Exchange
09.01 Exchange is possible within 14 working days after receipt, provided the goods are in their original condition.
09.02 Costs for returns are at the expense of the Other Party
09.03 The Other Party can under no circumstances return an article if one or more of the following situations exist
The article was specially tailored;
The item was used or damaged during the period that you had used it on sight;
The article is not in the original, undamaged factory packaging (a carefully opened packaging is not considered damaged by Magica Worldl);
The article cannot be returned due to its nature;
It concerns hardware / software of which the seal has been broken;
Attn .: Customer service
09.04 In the event of an exchange, the Other Party must repack the article in the original packaging with the delivery note or a copy thereof. Write on the delivery note which item you wish to receive and send the package to the return address below:
Attn .: Customer service
Article 10 - Liability
10.01 If the other party has complied with the regulations laid down in the previous article, -and the delivered product is only used by qualified personnel and under normal circumstances- Magica World, with due observance of what is stated in these conditions, can only be used for one year. be held liable for an attributable shortcoming after the date of delivery. With regard to liability after assembly / installation / commissioning, the date of delivery is the time as referred to in article 4, paragraph 9, as well as that which is determined in the following parts of this article.
10.02 If Magica World acknowledges –which, subject to notification to the contrary, is always subject to change- that it has failed imputably or is otherwise established, then it has the right to cancel within a reasonable period after the other party has shortcoming has appeals to inform the other party:
that it will redeliver or deliver the missing items or perform the performance again free of charge;
that it will repair the performed performance free of charge, whereby replacement parts can, at the reasonable option of Magica World, be new or reconditioned.
10.03 There is only an attributable shortcoming if the item / performance does not meet the specifications stated by Magica World and accepted by the other party - tacitly or otherwise -. However, if the other party wants to be sure that the item / performance is suitable for its intended use, it must accurately inform Magica World about this in writing prior to the conclusion of the agreement, and its suitability for that use - if the the other party wishes that this suitability will form part of the agreement - to be agreed in writing.
10.04 Magica World limits, except in the case of intent or willful recklessness, if it should be judged that it owes compensation under any title whatsoever, its liability - irrespective of its nature - to a maximum of the amount for the relevant item / services agreed price (excluding VAT), on the understanding that liability for consequential damage is fully excluded. The amount Magica World thus owes in this respect is reduced by a reasonable consumption fee.
10.05 If the liability of Magica World relates to any product, part or software that it van involves a third party, its liability, notwithstanding the provisions of paragraph 4, is limited to the transfer by it to the other party of its claims against that third party.
10.06 There is no liability on the part of Magica World and any claim with regard to any alleged shortcoming on the part of Magica World lapses if the other party itself carries out changes and / or adjustments and / or repairs and / or maintenance to the delivered items, or has them performed, or if the items delivered are is not or has not been used or treated accurately in accordance with the supplied or applicable (factory) instructions or instructions for use, or is or has been used or treated in any other way, improperly or negligently, or if the delivered goods are or have been used or applied for other purposes purposes than for which it is intended - including the situation that the product is used in combination with any product or software, or was not delivered by Magica World, while the product delivered by Magica World itself complies with the agreement -, or if the delivered is or has been used in a manner that was not reasonably available for Magica World or has been manufactured in accordance with the instructions of the other party, and this has influenced the occurrence of damage. Magica World is not liable for damage that occurs as a result of normal wear and tear of the product delivered by it.
10.07 Contrary to the provisions of the above, Magica World - if it appears that it belongs to an industry where standardization of agreements by general terms and conditions with limitations / exclusions of liability is a general phenomenon and Magica World concludes the agreement within that industry or if Magica World enters into an agreement with a company from another industry that regularly has to do with the industry in which Magica World operates, and within which the standardization referred to is also present, is never liable for (serious) errors made by it. employed persons who do not belong to the management.
10.08 In case of attributable shortcoming, Magica World is only liable for replacement compensation, i.e. compensation of the value of the non-performance. Any liability of Magica World for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit. Magica World is also under no circumstances liable for damage due to delay, damage due to loss of data, damage due to the other party's failure to fulfill obligations towards third parties, damage as a result of providing inadequate cooperation, information or materials and damage due to given by the other party. information General Terms and Conditions of Magica World 4 or advice, the content of which does not explicitly form part of a written agreement.
10.09 Magica World is not liable for damage if the other party has provided insufficient or incorrect information on the basis of which the services and activities to be performed by Magica World have been determined and performed.
10.10 The buyer indemnifies Magica World against all claims from third parties - including due to any arrangement with regard to product liability - insofar as the total of these claims exceed the maximums referred to in this article.
10.11 In this article attributable shortcoming also includes unlawful acts.
Magica World has the right to charge travel time and shipping costs. Magica World may also require the other party to send the item concerned to it at its expense. If Magica World performs within a reasonable period of time after the said notification, this means that the agreement will have been correctly fulfilled and the other party is not entitled to compensation. Replaced parts become the property of Magica World.
Article 11 - Force majeure / Inability to act
11.01 In addition to what the Act regards as force majeure, the following applies as such: strike and / or illness of the employees of Magica World, breach of contract and / or force majeure on the part of its suppliers, carriers or other third parties involved in the agreement, stagnation in the traffic, natural disasters, bad weather, war or similar situations, riots, sabotage, boycott, strike, occupation, explosion and outflow of dangerous substances or gases, blockage, obstructive measures by any government (including a foreign government) such as a transport , import or production ban, fire and other accidents in its company as well as other circumstances, insofar as the (further) performance of the agreement cannot reasonably or not be fully relieved of it as a resultngd and, moreover, the absence is reasonably expected to last longer than two weeks after the circumstance / circumstances leading to it. In addition, force majeure exists if it is reasonably established that the impediment will make the fulfillment of the agreement completely or partially impossible. In the event of force majeure, each of the parties has the right to partially dissolve the agreement in full - if at least the force majeure is sufficiently substantial - or - for the purpose with regard to force majeure - in which case the parties are obliged to fulfill the agreement for the non-dissolved part. If dissolution is proceeded on the basis of this paragraph, none of the other parties will owe the other party compensation with regard to the dissolved part of the agreement.
11.02 If there is an impediment that is reasonably expected to last no longer than two weeks after the occurrence of the circumstance / circumstances referred to in the previous paragraph, there is no question of force majeure and, without each of the parties being entitled to the agreement termination, the term within which Magica World must deliver on the basis of the provisions of Article 4, paragraph 7, has been extended.
Article 12 - Privacy
12.01 Personal data is included in the customer base of Magica World. The person responsible for this is Magica World.
12.02 Personal data is used for the assessment, entering into and execution of the supply agreement and the management of the resulting customer relationship, including the targeted execution of marketing activities by Magica World or our carefully selected third parties, the collection of payments due, fraud prevention and to comply with legal obligations.
12.03 At the written request of the other party, the stored personal data will be made available to him for inspection, against payment of the costs. Any corrections communicated by the other party will be processed in the registration, unless the corrections prove to be incorrect.
12.04 Magica World does not provide information to third parties, which jeopardizes the privacy of the other party. If you object to the provision of your address details to third parties, you can notify us in writing.
12.05 If the other party does not appreciate commercial offers, it must make this known to Magica World in writing.
12.06 To prevent unauthorized access to personal data, Magica World has taken various security measures, including measures against unauthorized access, use and modification of personal data. And measures against destruction and accidental loss.
Article 13 - Other provisions
13.01 The Other Party is liable for the use of order forms registered in its name or personalized. The other party must take the necessary measures to ensure that third parties or non-entitled parties cannot make unauthorized use of it.
13.02 Magica World is entitled to change its terms of sale after the term of an offer has expired. The other party will be informed of this in writing.
13.03 By placing an order, the other party declares that it unreservedly agrees with the above conditions.
Article 14 - Disclaimer
1. In this disclaimer the following definitions apply:
- the web page: every web page in which the publisher includes a hyperlink to this disclaimer with the intention of making this disclaimer applicable to it;
- the publisher: the authorized editor of the web page;
- use (s): including loading, logging in, retrieving, consulting, reading, viewing, listening, editing, filling in (forms), sending, (temporary) copying, storing, forwarding, distributing, making use of services, performing legal acts (eg buying, renting);
- you: the natural or legal person, represented or not, who uses the web page;
- the content: including texts, images, hyperlinks, sound and / or video fragments and / or other objects;
- damage: direct or indirect damage of any kind, including lost data and business, lost turnover, profit or other economic disadvantage.
2. The following applies to the web page. By using the web page you agree to this disclaimer.
3. The publisher makes every effort to regularly update and / or supplement the content of the web page. Despite this care and attention, it is possible that the content is incomplete and / or incorrect.
4. The publisher provides the content of the web page in the state in which it actually is, without warranty or guarantee as to the suitability, fitness for a particular purpose or otherwise.
5. The publisher is not liable for damage that is or threatens to be caused and ensues from or in any wayis related to the use of the web page or to the inability to consult the web page.
6. The publisher may change or terminate the webpage at its own discretion and at any time it wishes, with or without prior notice. The publisher is not liable for the consequences of change or termination.
7. Subject to this disclaimer, the publisher is not responsible for files of third parties that are known to be linked to the web page. Linking does not constitute an endorsement of those files.
8. Unauthorized or improper use of the web page or its content may constitute an infringement of intellectual property rights, regulations with regard to privacy, publication and / or communication in the broadest sense of the word. You are responsible for everything you send from the web page.
9. The publisher reserves the right to deny you permission to use the web page and / or to make use of certain services offered on the web page. Subsequently, the publisher can monitor access to the web page.
10. You will protect the publisher, its employees, agents, licensees, business partners and the author of this disclaimer against and hold harmless against judicial and extrajudicial measures, convictions, etc., including the costs for legal aid, accountants, etc. that have been instituted by third parties as a result of or related to your use of the web page, your infringement of any legal regulation or the rights of third parties.
Article 15 - Applicable law
15.01 All agreements concluded under these terms and conditions are governed by Belgian law.
15.02 All disputes that may arise between the parties as a result of the general terms and conditions will be settled by the competent court.