GENERAL CONDITIONS OF SALE OF SO MAGIC
The present general terms and conditions are intended to frame and clarify the contractual relationship between SO MAGIC, the mark of an article belonging to SOCI SILVANA, whose registered office is at rue du Campiau, 303 – 7390 QUAREGNON (Belgium). SO MAGIC registered with the ECB under number BE0 829.628.231 (hereinafter “the seller”, “us”) and its customers (hereinafter the “customer”, the “buyer” A contract for the sale of the products offered by www.somagic.be.
Article 1: General
Our general conditions of sale, delivery and any operation carried out with the customer, listed below, are deemed to be known and accepted by the customer, even if they are in contradiction with its own general or special conditions of purchase .
The invalidity or lapse of some of the clauses does not affect the validity of the contract or the other provisions.
Where applicable, the parties undertake to replace the null or inapplicable clause with a valid clause which is the closest from an economic point of view to the null or inapplicable clause.
Unless proof to the contrary, the customer acknowledges having received a copy of these general conditions of sale.
The contractual relations between SO MAGIC and the customer, as well as their interpretation, are settled in full and solely by the sales contract and these general conditions, to the exclusion of any other document, in particular projects, offers or preparatory documents.
In accordance with Book IV of the Code of Economic Law, in the case of distance selling to a consumer, the latter has the right to notify the seller that he waives the purchase, without penalties and without giving reasons, within 14 Working days from the day following the day of delivery of the product or the conclusion of the service contract.
Article 2: Offer
The products offered by SO MAGIC. Are described in good faith on the site. If the buyer wishes more information, SO MAGIC can be contacted by email at the following address: firstname.lastname@example.org.
In the absence of a request, the customer is presumed to be sufficiently informed of the characteristics of the product presented.
Offers and prices are valid on the day they are offered on the website and for the period mentioned, within the limits of available stocks.
Article 3: conclusion of the contract
The contract is concluded as soon as a confirmation email containing a summary of the order has been sent to the buyer.
Article 4: Price
Unless expressly stated otherwise, all prices specified in our tariffs and prospectuses are always exclusive of VAT and do not include delivery charges.
The sale price is the price indicated on our rates in force on the day of the conclusion of the contract or the placing of the order.
Article 5: Payment – Down Payment
Unless explicitly stipulated otherwise, all invoices are payable to SO MAGIC’s operating office in cash as soon as the customer places his order on the site www.somagic.be
No order placed on the site www.somagic.be will be sent if the full payment has not been made by the latter and attested by us.
Article 6: Reception
The customer has two possibilities to take possession of the merchandise: the removal at the Insitut STUDIO BELLA (SOCI SILVANA / SO MAGIC), by appointment only, or delivery.
This choice must be specified when the order is placed.
If the customer elects to pick up the goods, he / she agrees to pick them up within 2 weeks from the day of SO MAGIC. Notified him of the availability of the goods to the Institute.
For any delay in collection, the total price to be paid by the customer to SO MAGIC is increased by 50 € per day and by object to be removed.
If the customer makes the choice to have the goods delivered, the seller is released from the obligation of delivery in case of fact of the prince or in case of events of force majeure.
The following are considered to be events of force majeure: strikes, supplier delays in delivery, wars, fires, natural disasters, difficulties in the internal organization of the company (absence of staff due to illness – Machines …) when these circumstances have the effect of delaying delivery or making it very difficult.
The seller will not have to establish either the unpredictability or irresistibility of the event.
Delivery will always be at the customer’s own risk, however the customer will inform the seller within 14 days of the confirmation email of the order if he has not received the shipment. He will also inform the seller if a damaged product is received.
The notification of non-receipt will be sent by e-mail to the following address: email@example.com
The loss shall be borne by the seller during the abovementioned period. The latter reserves the right to refuse any request for replacement of the non-approved property after a period of 3 weeks.
In the case of an express delivery, carried out by SO MAGIC, the delivery price is calculated according to the number of kilometers, according to the following formula: number of kilometers x 2 €.
In the majority of cases, and by default, Bpost’s delivery services will apply to all parcel deliveries, unless the package is unavailable. SO MAGIC reserves the right to choose another delivery service if the latter is unavailable.
Delivery times will be announced on the website. Nevertheless, mentioning these periods is only an indication. Failure to comply with these requirements will in no way lead to the expiry of the contract.
The seller is not liable if the delivery time is exceeded.
Article 7: transfer of ownership – Reservation of title
We remain the owners of the goods until the full payment of the price, as well as the settlement of all obligations, including the receivables due to us by the customer.
Article 8: guarantee
The reception of the client is worth acknowledging the apparent defects.
Hidden defects must be notified to SO MAGIC within 15 days of the receipt and / or the recognition of any defect, without prejudice to the application of mandatory or more binding public seller.
If no notice is given within fifteen days, the complaint will no longer be admissible.
We guarantee only gluing.
Any warranty intervention will be done after agreement of the manufacturer.
Article 9: claims-loss-damages:
In case of loss, damage or non-conformity of the product with the goods ordered. The product must be returned to the seller within 14 days.
The seller reserves the right to refuse any refund when the product is damaged by the customer or by a misuse of it.
Article 10: limitation of liability
We are responsible for our fraud or for our gross negligence causing damage, to the exclusion of our slight fault, it was usual.
We are not responsible for the use of the merchandise by the customer.
We are not responsible for any errors in the use or content of the website or for any damage that may result from its use.
In the event that our liability is incurred, it is limited to the actual damage suffered personally and directly by the customer without any compensation for an expected and unrealized profit or for a loss that could have been avoided.
The seller will not be held responsible in case of unavailability of the product. The latter undertakes to do everything possible to satisfy the customer as quickly as possible and to seek the means to regularize the situation.
Article 11: intellectual property
In accordance with Book XI of the Code of Economic Law and more specifically Title 5 relating to copyright and neighboring rights, the customer acknowledges that the seller is the author of the works covered by the contract. Any use of the works for purposes other than private requires the prior agreement of the seller.
We retain intellectual property rights over all goods, products or works that are sold to the customer.
Any reproduction or use of works sold for purposes or quantities other than those specified at the time of sale is prohibited.
In no case may the customer oppose the mention of our name and / or logo and / or mark on creations and reproductions.
The customer acknowledges that we have no exclusive rights to our intellectual property rights, which are and remain our sole property.
Any imitation or modification of the object of the order is strictly prohibited except our prior written agreement.
In case of use contrary to the provisions of this article, the seller will have the right to recover the goods after formal notice addressed to the customer and not followed up, within 48 hours from the receipt of the recommended notice.
Article 12: Applicable Law and Jurisdiction
The applicable law is the Belgian law, both for interpretation and for the performance of the contract of sale.
Any dispute relating to the formation, execution, interpretation of these general conditions and to any agreements to which they apply and which can not be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the European Communities, Judicial district of HAINAUT – Division MONS.
Article 13: Numerical Modalities
A) The contract is kept electronically by us and will be sent electronically to your e-mail address after the order in order to confirm it.
This e-mail will contain in addition to the contract:
– a summary of the contents of the order: items ordered, quantity, total price, delivery time etc.
B) The contract is in French only
C) To place an order, the customer must accept these general conditions of sale and will be required to complete the following steps:
In a first step, the client is led to choose objects, to indicate the quantity of the desired objects,
Then he will have to enter his details and bank details.
Afterwards, he will have to correct any errors and confirm his order definitively.
Finally, a summary of the order is available, confirming the purchase and its terms.
In this last step, a summary of the contract and order information will be offered to the customer. It will then have the possibility to check if the information is correct and, if necessary, can correct the errors.