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Terms and Conditions

Terms and Conditions from Magic Media Force Shop
Version 1.0 of October 20, 2015

Index:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and their cost
Article 9 - Obligations of the company in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and Warranty extension
Article 13 - Delivery and implementation
Article 14 - Extended duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different terms

Article 1 - Definitions
In these conditions apply:

    1. 
Provider means any undertaking which acts as the contractual provider of services subject    to distance contracts;
    2. Additional agreement: an agreement by which the consumer acquires goods or services related to a contract and these goods or services are supplied by the company or by a third party on the basis of an arrangement between that third party and the company;
    3. Consumer means any natural person who is acting for purposes which are muzzles his trade, business, craft or profession;
    4. Day: calendar;
    5. Service: every achievement made by a company in the context of its professional activity or in execution of its statutory objective;
    6. Service contract: any contract other than a sales contract whereby the company's customer service provides or undertakes to provide a service and the consumer connects the price it pays or agrees to pay the price thereof;
    7. Digital content means data which are produced and supplied in digital form;
    8. Duration Trades: a distance contract concerning a series of products (goods, digital content and / or services), the supply and / or purchase is spread over time;
    9. Durable medium: any tool that the consumer or the company allows to store personally addressed to him information in a way accessible this information for future reference for a period which is appropriate to the purpose for which the information is used, and which enables the unaltered reproduction of the stored information;
    10. 
Withdrawal form: on the website is a digital copy of the withdrawal form available under the "Return" button;
    11. Goods: the tangible;
    12. Right of withdrawal: the right to withdraw from the contract within 14 days without giving any reason;
    13.  Enterprise means any natural or legal person pursuing an economic purpose in a sustainable manner, as well as his associations;
    14. Distance contract means any contract between the company and the consumer is concluded in the framework of an organized system for sales or services remotely without the simultaneous physical presence of the business and the consumer and which, up to and including the moment the contract is concluded, the exclusive use of one or more means of distance communication;
    15. 
Products: goods and services, immovable property, rights and obligations;
    16. Technology for distance communication means any means which, without the simultaneous physical presence of enterprise and consumer, may be used for the conclusion of a contract between those parties.
    17. Sales Agreement: Any agreement whereby the company transfers ownership of goods to the consumer or to carry undertake these links and the consumer to pay the price it pays or undertakes the price thereof, including any contract goods as well as services concerns;
    18. 
According to the consumer's specifications manufactured goods: goods that are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer;

Article 2 - Identity of the company

Magic Media Force Shop
Bars & Tone bvba
Diamantlaan 95
1030 Brussels

+32 474 77 77 78
info@magicmediaforce.com
RPR 0476.894.263

Article 3 - Applicability

    1. 
These general conditions apply to every offer of the company and any agreement reached at a distance between company and consumer.
    2. 
Before concluding a distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded at a distance, indicate that the general conditions for inspection at the Company are and will be sent free of charge as soon as possible at the request of the consumer.
    3. 
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
    4. 
In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision most favorable to him is.

Article 4 - The offer

    
If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
    
The offer includes a complete and accurate description of the products (goods, digital content and / or services). The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company makes use of illustrations, these are a true reflection of the products offered. Obvious mistakes or errors in the offer do not bind the company.
    
Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

    
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
    
If the consumer has accepted the offer electronically, the company will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
    
If the agreement is created electronically, the company will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the company will take appropriate security measures.
    
The company may inform on within the legal framework or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the company has under this investigation was justified in order not to enter into the agreement, it is entitled to refuse or to attach specific conditions to implement an order or request.
    
The company will upon delivery of the product (well, digital content and / or service) to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send:
        
the address of the establishment of the business where consumers can lodge complaints;
        
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
        
information on existing after sales service and guarantees;
        
the price including taxes of product (well, digital content and / or service); where applicable, any costs of delivery; the method of payment, delivery or performance of the contract;
        
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
        
if the consumer has a right of withdrawal, the withdrawal form.
    
If the company is committed to delivering a range of products (goods, digital content and / or services), the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

    
Without prejudice to Article 10, the consumer shall have a period of 14 days to withdraw from the distance contract without giving any reason. The company may ask the consumer to the reason (s) for withdrawal, but not to him stating his reason (s) require.
    
Notwithstanding the third and fourth paragraph of this Article shall expire in the first paragraph of this Article, withdrawal period 14 days:
        
For service agreements or contracts for the supply of digital content which is not supplied on a tangible medium, the day the contract is concluded;
        
for sales contracts, the day on which the consumer or a third party designated by the consumer, which is not the carrier, takes physical possession of the goods or:
             
if the consumer has ordered several products in one order and delivered separately, the day on which the consumer or a third party designated by the consumer, which is not the carrier, takes physical possession of the last good; the Company may, provided that the consumer is informed prior to the ordering process in a clear manner, refuse an order of several products with different delivery time;
            
if the delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party designated by the consumer, which is not the carrier, taking the last shipment of the final component physical possession;
            
a contract for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by the consumer, taking the first physical possession.
    
If the company's consumer regulatory information provided about the right of withdrawal, the withdrawal period shall expire twelve months after the end of the original, in accordance with the second paragraph of this article, fixed withdrawal period.
    
If the company has provided the information referred to in the third paragraph of this article to the consumer within twelve months after the date referred to in the second paragraph of this Article, the withdrawal period shall expire 14 days from the day the consumer receives that information.

Article 7 - Obligations of the consumer during the withdrawal period

    
During the withdrawal period, consumers will carefully handle the goods and packaging. He will be the goods only to unpack or use as necessary to assess whether he wishes to keep the goods .. The basic principle is that the consumer goods should only handle and inspect as he would in a shop allowed to do.
    
The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
    
The consumer shall in no event be liable for diminished value of the goods where the company has failed to provide the information required by law about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

    
Before the expiry of the withdrawal period, the consumer shall revoke the undertaking is aware of his decision the contract. To this end, the consumer may either:
        
use the withdrawal form, or
        
make any other unequivocal statement setting out his decision to withdraw.
    
The consumer's duty withdrawal within the withdrawal period referred to in the second, third and fourth paragraphs of Article 6 exercised if the consumer sends the communication concerning the exercise of the right of withdrawal before that period expires.
    
Promptly and in any event within 14 days from the date of his decision to withdraw from the contract, according to the first, second and fifth paragraphs of this article and the first paragraph of Article 9 has communicated to the company, the consumer sends goods back or hand them over to the company or to a person authorized by the company to take delivery of the goods, unless the company has offered to collect the goods himself. Determijn is met if the consumer sends back the goods before the deadline of 14 days has expired.
    
The consumer goods with all accessories and - if reasonably possible - in its original condition and packaging to the company, in accordance with the reasonable provided by the company and clear instructions.
    
The burden of proof of exercising the right of withdrawal pursuant to the first and second paragraph of this article and the first paragraph of Article 9 on the consumer.
    
The company bears the direct cost of returning the goods.
    
The consumer shall bear no cost for:
        
the performance of services, wholly or partially, be provided during the withdrawal period, where
            
the company has failed to provide legal information; or
            
the consumer has not expressly requested to start the implementation of the service during the withdrawal period; or
        
full or partial delivery of digital content not supplied on a tangible medium us if:
            
the consultant is not given prior express consent for the performance to begin before the end of the period referred to in Article 6 of 14 days; or
            
the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or
            
the company has failed to provide confirmation in accordance with the statutory provisions.
    
Unless otherwise provided in the second and third paragraph of Article 7, the third, sixth and seventh paragraph of this article, and the fourth paragraph of Article 9, the consumer shall not be liable whatsoever pursuant to the exercise of his right of withdrawal.
    
The right of withdrawal shall terminate the obligations of the parties:
        
to perform the distance contract, or
        
to conclude a distance contract, in the event the consumer has made an offer.
    
The exercise by the consumer exercises his right of withdrawal from a distance contract automatically terminates any additional contract without cost to the consumer, unless the costs referred to in the second and third paragraph of Article 7 and the fourth paragraph of Article 9.

Article 9 - Obligations of the company in case of withdrawal

    
The company may, in addition to the possibilities referred to in the first paragraph of Article 8, the consumer allow the withdrawal form on the company's website to electronically fill in and submit. In these cases the company must inform the consumer without delay, on a durable medium confirming receipt.
    
The company pays for all consumer payments received, including the delivery fee charged by the company for the returned product, and in any event within 14 days after the day on which it is informed of the decision by the consumer to the contract in accordance with the first, second and fifth paragraphs of Article 8 and to withdraw the first paragraph of this article.
    
The company carries out the reimbursement referred to in the second paragraph of this article using the same currency as that which was used by the consumer during the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer due such repayment may not have any cost.
    
Notwithstanding the second and third paragraph of this article company is not required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive standard delivery offered by the company.
    
Unless the company has offered to collect the goods himself, the company with regard to sales may withhold the refund until it has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is earlier.

Article 10 - Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the company if the company clearly in the offer and in time for the conclusion of the agreement stated.
 
Consumers can the right of withdrawal foreseen under Article 6 for not exercising:

    
service contracts after full implementation of the service if the performance has begun with the explicit prior consent of the consumer and that the consumer has acknowledged that he loses his right of withdrawal once the contract the company has fully implemented;
    
Delivery of goods or services whose price depends on fluctuations in the financial market over which the Company has no control, which may occur within the withdrawal period;
    
the supply of according to the specifications made to the consumer goods, or are intended clear to a specific person;
    
the supply of goods that spoil quickly or with a limited shelf life;
    
the supply of sealed goods which are not suitable to be returned due to health protection or hygiene reasons and were sealed after delivery has been broken;
    
the supply of goods which are inseparably mixed after delivery due to their nature with other products;
    
the supply of alcoholic beverages, the price is agreed on the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market in which the company has no influence;
    
the supply of sealed audio or sealed video recordings or sealed computer software whose seal has been broken after delivery;
    
the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications;
    
the provision of accommodation other than for residential purpose, transport, car rental services, catering or services related to leisure activities if a specific date or period of performance provided for in the agreements;
    
the supply of digital content which is not supplied on a tangible medium if the performance has begun with the explicit prior consent of the consumer and that the consumer has acknowledged that he thereby loses his right of withdrawal;
    
the service contracts for betting and lotteries.

Article 11 - The price

    
During the period mentioned in the offer, the prices of the products (goods, digital content and / or services) not increased, except for price changes resulting from changes in tax rates.
    
Notwithstanding the preceding paragraph, the business products whose prices are subject to fluctuations in the financial market over which the Company has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
    
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
    
Price increases from 3 months after concluding the contract are permitted only if the company has agreed and:
        
they are the result of legislation or regulations; or
        
the consumer has the right to terminate the contract on the date the increase takes effect.
    
The supply of products (goods, digital content and / or services) prices include VAT.

Article 12 - Compliance and Warranty extension

    
The company guarantees that the products (goods, digital content and / or services) to meet the contract specifications, the reasonable requirements of supply reliability and / or usability and at the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the company also ensures that the product is suitable for other than normal use.
    
One of the company, its supplier, manufacturer or importer as an additional guarantee scheme does not affect the rights and claims that a consumer under the law and / or the agreement may assert distance across the enterprise if the enterprise has failed to fulfill its part of the agreement.
    
Under additional guarantee means any undertaking by the Company, its supplier, importer or producer which it attributes to the consumer certain rights or claims beyond which it is legally required in case he failed to fulfill his part of the agreement .

Article 13 - Delivery and implementation

    
The company will observe the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
    
The place of delivery is the address that the consumer made known to the company.
    
Subject to what is stated in article 4 of these terms and conditions, the company accepted orders expeditiously but not later than within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order. The consumer in this case the right to terminate the agreement without penalty oran obtain compensation.
    
In case of dissolution in accordance with the preceding paragraph, the Company will refund the amount paid by the consumer to repay immediately.
    
The risk of damage and / or loss of products rests with the company until the moment of delivery to the consumer or a pre-designated and announced representative of the enterprise, unless otherwise expressly agreed.

Article 14 - Extended duration transactions: duration, termination and renewal

Termination:

    
The consumer may contract for an indefinite period, which extends to the regular delivery of products (goods, digital content and / or services) at any time denounce the applicable termination rules and a notice of up to one month.
    
The consumer may contract concluded for a definite period, which extends to the regular delivery of products (goods, digital content and / or services) at any time at the end of the fixed-term, subject to the agreed termination rules and a notice not exceeding one month.
    
Consumers can the agreements mentioned in the previous paragraphs:

- Cancel at any time and not be limited to termination at a particular time or in a given period;
- At least cancel the same way as they are concluded;
- Cancel at the same notice as the company has negotiated for itself.
Extension:

    
A contract concluded for a definite period, which extends to the regular delivery of products (goods, digital content and / or services) should not be automatically extended or renewed for a fixed period.
    
Notwithstanding the preceding paragraph, an agreement is concluded for a definite period, which extends to the regular delivery of dailies, weeklies and magazines be tacitly renewed for a fixed period of up to three months, as consumers this extended agreement by the end of the extension may terminate with notice not exceeding one month.
    
A contract concluded for a definite period, which extends to the regular delivery of products (goods, digital content and / or services) should only be implicitly indefinitely extended if the consumer may at any time terminate with a notice of up to one month. The notice period is more than three months in case the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
    
An agreement with limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.

Duration:

    
If a contract has a duration of more than one year, the consumer after a year may withdraw at any time terminate with a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed object duration.

Article 15 - Payment

    
Unless otherwise specified in the contract or additional conditions should the amounts owed by the consumer to be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
    
When selling products to consumers, consumers in general conditions may never be obliged to make a prepayment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
    
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the company.
    
If the consumer is unable to meet its payment obligation (s) meets, this after he was delivered by the company's late payment and the company the consumer has given a term of 14 days in which to comply with its payment obligations, after default of payment within the 14-day deadline, over the outstanding amount of statutory interest and the company is entitled to charge the extrajudicial collection costs incurred by him charged. These collection costs exceed 15% of outstanding amounts to € 2,500; 10% for the following € 2.500en 5% on the next € 5,000 with a minimum of € 40. The company may benefit consumers differ from these amounts and percentages.

Article 16 - Complaints

    
The company has a well-publicized complaints and deals with complaints under this procedure.
    
Complaints about the execution of the contract must within a reasonable time after the consumer the defects, fully and clearly described and submitted to the company.
    
The company employs Complaints are submitted within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the company within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
    
If the complaint or within a reasonable time or within three months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.

Article 17 - Disputes

    
Contracts between the company and the consumer of these terms and conditions apply, are exclusively governed by Belgian law.

Article 18 - Additional or different terms

    
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer in an accessible manner stored on a durable medium.


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