General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Last updated: 21/11/2024

Article 1 – LEGAL NOTICES

The present site, accessible at the URL magicaura.co, is published by:
MagicAura, a sole proprietorship (Entreprise Individuelle, EI) registered with the R.C.S. of Lyon under the number 950 202 340.
(Hereinafter referred to as the “Operator”).

The Operator can be contacted at the following email address: hey@magicaura.co.

Article 2 – DEFINITIONS

  • “Client”: Any individual or legal entity, private or public, registered on the Site.

  • “User”: Any individual or legal entity, private or public, accessing the Site.

  • “Product”: Goods or services offered by MagicAura on the Site.

  • “Site”: The website accessible at the URL www.magicaura.co, including sub-sites, mirror sites, portals, and related URL variations.

Article 3 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the “Terms and Conditions” or “T&C”) apply exclusively to the online sale of Products offered by the Operator on the Site.

The T&C are made available to Clients on the Site, where they can be directly consulted, and may also be communicated upon request by any means.

The T&C are binding on the Client, who acknowledges having read and accepted them by checking a box or clicking on the button provided for this purpose before placing an order. The validation of the order by its confirmation constitutes the Client’s acceptance of the T&C in force on the date of the order, which are stored and reproduced by the Operator.

Article 4 – PRODUCT DESCRIPTION

The Products presented on the Site are each described (by the supplier or via a link to the manufacturer’s website) with their essential characteristics. Photographs illustrating the Products, where applicable, are not contractual. The user manual, if essential, is available on the Site or provided upon delivery. The Products comply with French legal requirements.

The Client remains responsible for the terms and consequences of accessing the Site, particularly via the Internet. This access may involve payment of fees to technical providers such as Internet service providers, which remain the Client’s responsibility. Additionally, the Client must provide and be fully responsible for the equipment necessary to connect to the Site.

The Client acknowledges having verified that their computer configuration is secure and in working order.

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stock.

If, despite the Operator’s best efforts, a Product becomes unavailable after the Client’s order, the Operator will inform the Client by email as soon as possible, and the Client may choose between:

  1. Delivery of a Product of equivalent quality and price to the one initially ordered, or

  2. A refund of the price of the ordered Product within thirty (30) days of payment of the sums already paid.

It is agreed that, apart from the refund of the price of the unavailable Product, if this option is requested by the Client, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is attributable to the Operator.

Except as otherwise stated in these Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Client’s orders are firm and final.

When placing an order, the Client must select the desired Products, add them to their cart, and indicate the selected Products and quantities. The Client can review the details of their order and the total price, and return to previous pages to correct the contents of their cart before validating it.

The Client agrees to read the Terms and Conditions in force before accepting them and confirming the delivery terms and any applicable fees prior to payment. Confirmation of the order constitutes acceptance of the T&C and forms the contract.

A copy of these Terms and Conditions, as accepted by the Client, will be sent by email at the time of order confirmation for the Client’s reference.

Contractual information related to the order (including the order number) will be confirmed by email promptly and no later than at the time of delivery. The Operator strongly advises the Client to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available in the “My Account” section. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Client regarding an order will be sent to the email address used by the Client to log in to their account.

The Operator reserves the right not to validate the Client’s order for any legitimate reason, including if:

  • The Client does not comply with the Terms and Conditions in force at the time of the order;

  • The Client’s order history shows outstanding amounts from previous orders;

  • A previous order by the Client is subject to an ongoing dispute;

  • The Client has not responded to a request for order confirmation sent by the Operator.

The Operator archives sales contracts in accordance with applicable legislation. Upon request at hey@magicaura.co, the Operator will provide the Client with a copy of the contract in question.

Any modification of the order by the Client after confirmation is subject to the Operator’s approval.

The information provided by the Client when placing the order (including name and delivery address) is binding. Thus, the Operator cannot be held responsible if an error in the order prevents or delays delivery.

The Client declares that they have the full legal capacity to enter into these Terms and Conditions.

Registration is open to capable adults and minors, provided the latter act under the supervision of a parent or guardian with parental authority. Registration is strictly personal to each Client.

In the event of a breach by the Client of any provision of these Terms and Conditions, the Operator reserves the right to terminate the Client’s account without notice.

Article 6 – PAYMENT METHODS AND SECURITY

The Client acknowledges that any order placed on the Site is an order with an obligation to pay, requiring payment of a price in exchange for the provision of the ordered Product.

In any case, the Operator reserves the right to verify the validity of the payment before shipping the order by any necessary means.

The Operator uses the online payment solution Stripe.

Orders can be paid using one of the following methods:

  • Payment by credit card. Payment is made directly on the secure servers of the Operator’s bank, and the Client’s bank details do not pass through the Site. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. Thus, these details are not accessible to third parties.

The Client’s order is recorded and validated upon acceptance of payment by the bank.

The Client’s account will be debited only when (i) the credit card details have been verified and (ii) the debit has been accepted by the card-issuing bank.

The inability to debit the amounts due will result in the immediate nullity of the sale.

The credit card may be declined if it has expired, if it has reached the maximum spending limit, or if the details entered are incorrect.

  • Payment by electronic wallet (e.g., PayPal). The Client already has an account with the electronic wallet used by the Operator. The Client can use this account and pay for their order securely without providing their bank details.

If applicable, the order confirmed by the Client will be considered effective only when the secure payment center has approved the transaction.

As part of the verification process, the Operator may request any necessary documents from the Client to finalize the order. These documents will not be used for any purpose other than this.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros, inclusive of all taxes (VAT), excluding delivery and shipping costs. In the case of a promotion, the Operator agrees to apply the promotional price to any order placed during the promotion period.

The price is payable in euros (€) only. The price is due in full after order confirmation. The prices offered include any discounts or rebates that the Operator may grant.

If delivery or shipping costs apply, they will be added to the price of the Products and indicated separately before the Client validates the order. The total amount due by the Client and its breakdown are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Client is formed when the Client sends the confirmation of their order.

The Client’s attention is particularly drawn to the method of accepting orders placed on the Site. When the Client places an order, they must confirm it using the “double-click” technique, meaning that after selecting the Products added to the cart, the Client must review and, if necessary, correct the contents of their cart (identification, quantity of selected Products, price, delivery terms, and fees) before validating it by clicking on “I confirm my delivery,” then acknowledge acceptance of these Terms and Conditions before clicking on the “I pay” button, and finally confirm their order after entering their bank details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Client.

The archiving of communications, order forms, and invoices is ensured by the Operator on a reliable and durable medium to constitute a faithful and durable copy. These communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Clients.

The order may be canceled by the Client by registered letter with acknowledgment of receipt or by another durable medium in the following cases:

  • Delivery of a Product that does not conform to the declared characteristics of the Product;

  • Delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been requested, under the same conditions and without success, to deliver within an additional reasonable period;

  • A price increase that is not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Client may request a refund of the deposit paid, increased by interest calculated at the legal rate from the date of receipt of the deposit.

The order may be canceled by the Operator in the following cases:

  • Refusal by the buyer to take delivery;

  • Non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – SHIPPING AND DELIVERY

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Client of physical possession or control of the Product.

Shipping costs are those specified during the finalization of the order and are accepted upon validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site at the time of the order. These times include preparation and shipping of the order as well as the time provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product page and in the cart, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced deadline, the Operator will send an email informing the Client of the new delivery date.

The Products will be delivered to the address indicated by the Client during their order. It is therefore the Client’s responsibility to ensure that this address does not contain any errors. The Operator cannot be held responsible if the address provided by the Client is incorrect, preventing or delaying delivery.

Upon delivery, a delivery receipt may be requested for signature.

No delivery will be made to a PO box.

Upon delivery, it is the Client’s responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Client must indicate this on the delivery note. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery note.

Article 10 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Client, the Client may return it to the Operator. The Client has fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the French Consumer Code and to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Client is invited to complete the standard withdrawal form by clicking on the following link.

The Operator will send an acknowledgment of receipt of the Client’s withdrawal request by email.

If applicable, the Client may exercise their right of withdrawal by notifying the following information to the Operator:

  • Name, postal address, telephone number, and email address.

  • Decision to withdraw by means of an unambiguous statement (e.g., letter sent by post, fax, or email, provided these contact details are available and therefore appear on the standard withdrawal form). The Client may use the model withdrawal form, but this is not mandatory.

WITHDRAWAL FORM

To the attention of the Company mentioned in the header of these Terms (reproduce address) by email to hey@magicaura.co:

I/we () hereby notify you of my/our () withdrawal from the contract for the provision of services (*) below:

Ordered on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (in case of notification of this form on paper):

Date:

(*) Strike out what does not apply.

Return costs are the Client’s responsibility, unless the item cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, address) of the Client, the order number, and the original purchase invoice.

The Operator will refund the Client the amount of the Product within fourteen (14) days of receipt of the Product and all elements necessary to process the refund. This refund may be made by the same payment method used by the Client. In this regard, Clients who paid their order in the form of vouchers/gift cards may be refunded in vouchers/gift cards at the Operator’s discretion.

By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal terms.

Article 11 – LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Client or an event qualified as force majeure by the competent courts or an unforeseeable and insurmountable event attributable to a third party.

The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve the content and/or presentation.

The Operator cannot be held responsible for the use of the Site and its services by Clients in violation of these Terms and Conditions and for any direct or indirect damage that such use may cause to a Client or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Client and their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Clients, the latter agrees to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including legal fees, incurred for its defense.

Independently of any additional contractual warranty (commercial warranty), the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (notably L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

When you act under the legal warranty of conformity:

  • You benefit from a period of two (2) years from the delivery of the goods to act;

  • You can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;

  • You are exempt from providing proof of the existence of the defect of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

You may decide to implement the warranty against hidden defects of the item sold under Article 1641 of the French Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Article 12 – AFTER-SALES SERVICE

After-sales services performed by the Operator and not covered by the commercial warranty are the subject of a contract, a copy of which is provided to the Client.

Claims under the warranties must be addressed to the after-sales service at the following contact details:

Products covered by the warranties must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Client will be reimbursed for return postage costs no later than thirty (30) days after receipt of the product by the Operator.

Article 13 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these Terms and Conditions are declared null and void under a law, regulation, or final decision of a competent court, the other provisions will retain their full force and effect. Furthermore, the fact that one of the parties to these Terms and Conditions does not avail itself of a breach by the other party of any provision of these Terms and Conditions shall not be interpreted as a waiver of its right to avail itself of such a breach in the future.

 

Here's the English translation:

MODIFICATIONS OF TERMS

The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available therein, and/or to temporarily or permanently cease operating all or part of the Site. Furthermore, the Operator reserves the right to modify at any time and without prior notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site. The Customer acknowledges that the Operator cannot be held liable in any way towards them or any third party for these modifications, suspensions, or terminations. The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and lasting preservation, and thus be able to invoke them at any time during the execution of the contract if needed.

COMPLAINTS - MEDIATION

In case of dispute, the Customer shall first contact the Company to attempt to find an amicable solution. In case of difficulties in applying this contract, the consumer Customer also has the possibility, before any legal action, to seek the assistance of a consumer mediator, which you can identify on the website https://www.economie.gouv.fr/mediation-conso. The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can also refer to the Online Dispute Resolution (ODR) Platform accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage It is reminded that the search for an amicable solution does not interrupt the "brief period" of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to guarantees assumes that the Customer fulfills their financial commitments toward the seller.

APPLICABLE LAW

These General Terms and Conditions are governed by, interpreted, and applied in accordance with French law.

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions. By registering on the Site, the Customer confirms having read the General Terms and Conditions and accepting them, making them contractually bound by the terms of these General Terms and Conditions. The General Terms and Conditions applicable to the Customer are those available at the date of the order, of which a copy dated to this day can be provided to the Customer upon request, it is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, except with the express agreement of the Customer who placed a given order.