TERMS & CONDITIONS

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1. GENERAL TERMS OF SALE

These terms and conditions of sale apply to any product sold or any service provided by MAGIC ELEK. They are applicable in their entirety for any contract between MAGIC ELEK and its customers in France or abroad, regardless of the place of delivery. These also apply to exchanges under EDI, XML, FTP, and more generally to any other electronic exchange methods present and future. No derogation from these conditions may be allowed without express and prior agreement from MAGIC ELEK. Any condition contrary to the present terms and conditions of sale laid down by the purchaser, in its general terms of purchase or in any other document, will be unenposed to MAGIC ELEK, regardless of when it may have been brought to its attention and even in the absence of protests by MAGIC ELEK of these contrary conditions.

2. ORDERS AND EXECUTION

Any order placed with MAGIC ELEK is firm and final for the customer as soon as MAGIC ELEK receives a written purchase order. MAGIC ELEK reserves the right, upon receipt of the order to accept it, to reject it or to make reservations within 48 hours. An order acknowledgment does not constitute an order acceptance. Only the delivery or availability of the product marks the acceptance of the order. The unavailability of a product due to a stock outage, its removal from the catalogue will not result in any cancellation of the overall order and will not entitle magic ELEK to any compensation.

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3. ORDERING MODALITIES THROUGH THE INTERMEDIARY OF MAGIC ELEK'S COMPUTER SYSTEM

MAGIC ELEK provides its customers with free data and information, including on its products and the status of its inventory, and a system for placing orders through its computer system, in accordance with Schedule 1 of these conditions, which the customer states that he has been aware of, and accepts its contents without reservation.

 

4. PRICE

Products and services are provided at the price set on the basis of the MAGIC ELEK tariff in effect at the time of receipt of the order at MAGIC ELEK. Prices are understood to include warehouse, VAT and any other taxes not included that will be charged in addition. The shipping costs, the amount of which can be changed at any time and without notice, are the responsibility of the customer. Prices can be changed without notice and vary depending on the discounts and rebates applicable to the date the order is received. The terms and rates of rebates will be communicated by MAGIC ELEK to the customer on a simple written request.

5. ACCOUNT OPENING AND PAYMENT TERMS AND CONDITIONS

5.1 Account opening

Any new MAGIC ELEK customer will have to apply to MAGIC ELEK for the communication of the account opening questionnaire and return to MAGIC ELEK this questionnaire, completed by mail or fax accompanied by a dated, signed, signed and commercially stamped with the terms and conditions of sale: a Bank Identity Statement. , an original K-Bis extract dating less than 3 months from its SIREN number and its EPA code.  Once MAGIC ELEK is approved, the customer account will be opened. The first two orders will be adjustable before delivery by transfer.

5.2 Payment delays

Invoices are payable at MAGIC ELEK's head office, so that MAGIC ELEK can dispose of the amounts due on the day of maturity. Invoices will be payable before delivery or removal by wire transfer, bank cheque or accepted credit card. No cash payments will be accepted. Customers with a line of credit will be entitled to a payment period, the duration of which will depend on the amount of their line of credit and the turnover achieved, according to a scale that will be communicated at the customer's simple written request. MAGIC ELEK grants itself the right to modify or remove the customer's line of credit at any time and without notice.

5.3 Delay in payment

In the event of payment after the due date on the invoice, MAGIC ELEK will require immediate payment of all outstanding invoices (derogation of the term). In addition, late interest at the conventional rate of 1% per month will be applied for lack of payment, and without prior notice, from the day after the payment date on the invoice but this amount may be less than 100 euros. The late payment may also result in the suspension of current orders and deliveries and the removal of any possibility of payment delay as mentioned above.

 

6. ELECTRONIC INVOICES

The customer fully agrees to receive his MAGIC ELEK invoices exclusively electronically, in accordance with Article 289 bis of the General Tax Code. As a result, the customer expressly declares that he or she will permanently waive the receipt of paper invoices.

7. DELIVERY CONDITIONS

7.1 Terms

Delivery takes effect at the time the customer picks up the products at the MAGIC ELEK storage site or when the products are picked up by the carrier. The customer agrees to take delivery of the products in the warehouses of MAGIC ELEK at 10 rue de la Paix, 75002 Paris from Monday to Friday during opening hours from 10am to 6pm. A power written on the client's letterhead and signed by the manager must be given to MAGIC ELEK for the removal of the products, by the person carrying out the removal. The latter will also have to justify its identity.

7.2 Delivery times

The delivery times indicated by MAGIC ELEK are set in good faith and are given as an indication. No compensation may be awarded to the customer in the event of non-compliance with these deadlines, and no order can be cancelled as a result. In the event of a stock outage of one or more products ordered, MAGIC ELEK will deliver the existing ones. On written request from the customer, MAGIC ELEK will agree to wait for the availability of all the products ordered to deliver the customer and thus avoid partial deliveries, except in the case of specific product orders. However, partial delivery may not be delayed for more than 90 days, otherwise the customer will be able to cancel the products ordered and not delivered free of charge.

7.3 Transfert des risques

The transfer of risks occurs on the delivery date as defined at the point. As a result, the products travel at the recipient's exclusive peril.

7.4 7.4 Transportation costs

Transportation costs are defined in a separate schedule that will be communicated by MAGIC ELEK to any customer who requests it in writing.

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7.5 Réception des produits
The customer is required to check the condition of the package, the number and contents of the packages, as well as the condition of the products during delivery. Therefore, any anomaly concerning the delivery (damaged, product missing from the delivery voucher, damaged packaging, broken products...) will have to be found by the customer in the form of clear, precise and complete handwritten reservations on the delivery/transport voucher, and this in the presence of the carrier, the carrier and the customer will date and sign the reservations issued. If the carrier refuses to sign the reservations, the customer will also have to stipulate it in writing on the delivery order. In addition, and in accordance with Article L.133-3 of the Code of Commerce, the customer will have to confirm the anomaly in parallel with the issuance of reservations by sending a recommended letter with notice of receipt to the carrier within three days of delivery in order to confirm those claims. The copy of this mail, as well as the delivery voucher containing the reservations, must be sent by mail to MAGIC ELEK within 5 days of delivery. The client is reminded that, in the absence of scrupulously following this procedure and meeting deadlines, any request to open a litigation file will be irrevocably rejected, so that no further appeals will be allowed against the company MAGIC ELEK. In addition, the refusal of the products to be delivered by the customer may be considered abusive if that customer cannot justify the reality of the anomalies invoked on his delivery voucher (BL) and on his transport voucher. In the event of an abusive refusal of the products, MAGIC ELEK will be able to claim a lump sum compensation of 500 euros. MAGIC ELEK reserves the right to charge proof of delivery to customers who request it.

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7.6.Direct delivery to a "final customer" (Dropshipment service)

As part of this service, the customer mandates MAGIC ELEK to deliver the ordered products to his own customer ("final customer"), on behalf of the customer. The purchase order drawn up by the customer will have to specify the details of the final customer. This service is provided only if the end customer can receive the products on business days and hours. The cost of this service, due in addition to the transportation costs, is defined in a separate schedule communicated by MAGIC ELEK to any customer who requests it in writing. MAGIC ELEK cannot be held responsible for the non-compliance of the delivery to the order placed by the final customer, if this delivery complies with the order placed by the customer with MAGIC ELEK.

7.7. Prestations de services additionnelles

In principle, MAGIC ELEK does not install the products unless there is a special agreement to the contrary. In the case of an express agreement on the realization by MAGIC ELEK of one or more of these services, the Client will, under his full responsibility:

• Ensure MAGIC ELEK free access to the site,

• Provide the facilities necessary for the prompt execution of the installation,

• To unpack the products on site and to protect them on the site,

• Provide proof of software licensing of any network operating systems that MAGIC ELEK must charge as part of the installation,

• Take responsibility for the compatibility of application software installed after installation is completed.

• These services will be charged, in addition, at the rate in effect on the date of the order.

8. PROCEDURE FOR PURCHASING EQUIPMENT DUTY-FREE AND DUTY-FREE.

8.1 Company headquartered in France, the European Union or outside the European Union.

8.1.1 Purchase of VAT-free equipment for a customer headquartered in metropolitan France, wishing to export products acquired from MAGIC ELEK.

This customer must first apply to THE COMMERCIAL department of MAGIC ELEK to open a tax-free account. The customer must and pre-deliver the following documents by mail in recommended with acknowledgement only. A photocopy of the annual visa exemption for the current year, issued by the client's tax centre which is subject to a compliance check AND.- An annual vat-free certificate, drawn up in original paper at the customer's head. In addition, the customer must mention VAT-free billing when ordering. If one of these conditions fails, VAT-free billing is permanently refused.

8.1.2 Purchase of duty-free equipment for a customer headquartered in the European Union

This customer must open an account with THE MAGIC ELEK account opening service and accept the choice of THE MAGIC ELEK carrier for a mandatory delivery outside the French territory. The customer makes a request to MAGIC ELEK in advance of his order to obtain communication of the account opening questionnaire and returns to MAGIC ELEK this questionnaire duly completed by mail or fax accompanied by a copy dated, signed, signed and embattled and embattled by the present general terms of sale in French (on simple written request an English version of the general terms of sale of MAGIC ELEK France can be addressed to the company's authentication certificate mentioning the allocation of its intra-community vat number for a company letterhead.

8.2 Procedure for purchasing duty-free equipment subject to license.

Any purchase subject to an individual export license issued by the French and European administrative authorities requires a pre-delay of 60 days before the order is validated. The client agrees to obtain the completed "sales end user undertaking EUU form" from his final client and to give it to MAGIC ELEK. Failing that, the order is cancelled. Customers who wish to export products acquired from MAGIC ELEK are committed to complying with U.S. export and re-export regulations, including not reselling products to customers or to restricted countries.

9. WARRANTY CONDITIONS
All products sold by MAGIC ELEK are guaranteed for life.

10. RETURN OF PRODUCTS

10.1 Return requests

No product return will be accepted in the absence of an express and prior agreement from MAGIC ELEK, which must be informed of the customer's request for return within a maximum of 2 business days from delivery. This complaint must be made either on the MAGIC ELEK website or in writing on the print on the catalogue, be faxed back to the magic ELEK support service, and must mention the customer's reference, the number of the delivery voucher and the invoice, the product reference and quantity, the exact reason for the request. , the condition of the product and the serial number of the product, the fax of the technical department of MAGIC ELEK in the case of a product ordered on its proposal. Customers will be required to attach to returned products: a return number from MAGIC ELEK's assistance service, which will be prominently placed outside the returned package, a photocopy of the delivery voucher or the "return request" printed. MAGIC ELEK may only authorize return in the following cases: in the case of non-compliance of the products delivered to the purchase order, - in case of hidden defect within the meaning of Article 1641 of the Civil Code, this defect to be recognized by MAGIC ELEK, - in case of delivery of products ordered by the customer, on the advice, confirmed in writing, of the technical department of MAGIC ELEK , when the products do not match the customer's needs. In the 3 hypotheses mentioned above, MAGIC ELEK will tell the customer whether the product should be returned to MAGIC ELEK or directly to the manufacturer-approved maintenance centre. In any event, no product return will be accepted for "consumable products", for products that have been specifically ordered by the customer, as well as for products declared obsolete by MAGIC ELEK. Upon receipt of the customer's request for return, MAGIC ELEK will give its approval for the return of the product or will justify its refusal to take back this product. The terms of return of each publisher's licenses are available on a simple request or on the MAGIC ELEK website.

10.2 Consequences of return

10.2.1 Returns accepted
No return will be accepted after a period of 8 days from the date of the express and prior agreement of MAGIC ELEK. Returns accepted by MAGIC ELEK will result in the establishment of an asset, the amount of which will be equal to the MAGIC ELEK TTC rate in effect on the day MAGIC ELEK receives returned products, and within the original amount charged. Except in cases where products with a hidden defect are returned, no assets will be issued in the event of the return of products, whose packaging has been opened or products that have been installed or tested. The costs and risks of return will be borne by the customer (MAGIC ELEK advises the client to take out insurance covering the risks inherent in transport), except in case of return exclusively attributable to MAGIC ELEK France. In the latter case, MAGIC ELEK will mandate a carrier to arrange the return of the product. The customer will then have to hand the product over to the carrier, demand and retain proof of delivery of the products to that carrier. MAGIC ELEK recalls that the customer who would not be able to produce this proof of surrender to the carrier would be deemed to still be in possession of the products in question, which will have to be paid in full to MAGIC ELEK. Any accepted return justified on the grounds attributable to the customer will result in the billing to the customer of an administrative management fee of 50 euros.

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10.2.2 Returns not accepted

Once products have been returned without THE express and prior approval of MAGIC ELEK, they will be systematically refused and returned to the sender at its own expense. In this case, the corresponding invoice will of course be paid at maturity. Risks to products returned without express and prior agreement from MAGIC ELEK will be the responsibility of the customer. This article 11.2.2 will be applicable in the assumptions of out-of-time returns or returns of products whose packaging has been opened or products installed or tested (see Article 7.2.1).

11. CLIENT OBLIGATIONS - INTANGIBLE RIGHTS

The sale of software and other products does not, under any circumstances, result in the transfer of reproductive rights, representation, exploitation and more generally any recognized intangible rights or to recognize those who participated in the realization of software and other products and their rights holders. As a result, the customer refrains from broadcasting or allowing the broadcasting of all or part of the software and other products sold by any system. It also prohibits the insuring or suring of public representations for commercial purposes. It is more generally recalled that in accordance with the provisions of the Intellectual Property Code, software and other products sold are intended exclusively for private use in the so-called "family circle" framework and that any offender is subject to civil and criminal penalties for counterfeiting. Similarly, the customer does not allow the reproduction, reproduction or even partial reproduction of these software or other products regardless of the terms. Violation of these provisions may result in the cancellation of any order, notwithstanding the prosecution. MAGIC ELEK reserves the right, for the sale of certain products involving a tax derogatory treatment, to require the production of any parts likely to justify such a derogation. The customer will be solely responsible for the validity and authenticity of the documents communicated.

12. PROPERTY RESERVE

MAGIC ELEK expressly reserves ownership of the goods delivered until their principal and interest prices are paid in full. In the absence of full payment of the price of the main products and interest, MAGIC ELEK may, at any time, take the products back from the customer. MAGIC ELEK may also take unpaid goods back into the hands of the subcontractors or demand direct payment from the subcontractors. Does not constitute a payment within the meaning of this section the surrender of a security creating an obligation to pay, processing or otherwise. Until the full payment of the price, the customer will not be able to pawn the products, exchange them or transfer them to ownership as collateral. As this property reserve clause does not prevent the delivery of the products to the transfer of risks to the customer, in accordance with Article 5.3 above, the customer undertakes to take care of the care and preservation of the products and to take out any useful insurance. Products delivered not yet fully paid must be individualized and not mixed with other products. The opening of a collective procedure for the benefit of the customer cannot defeat the claim of the goods by the company MAGIC ELEK. In this case, the buyer undertakes to actively participate in the establishment of an inventory of the goods in the inventory, which MAGIC ELEK claims to own. Failing that, MAGIC ELEK will have the ability to have the inventory verified by usher, at the customer's expense. In the event of a partial payment, it will first be charged on late interest, and the less old claims. MAGIC ELEK intends to maintain its terms and conditions of sale for as long as possible. Nevertheless, MAGIC ELEK reserves the right to make changes to these terms and conditions of sale at any time, without notice, by evolutionary assumption.

13. JURISDICTION AND APPLICABLE LAW

Expressly, the paris competent courts are given jurisdiction for any challenges that may arise between the parties, even in the event of a referral, a warranty appeal or a plurality of defendants, with the application of French law. The customer states that he has read and accepted without reservation the terms and conditions of MAGIC ELEK.

14. DELEGUE HAS DATA PROTECTION (DPO)

A DPO is appointed through a partner under the subcontractor of the company MAGIC ELEK who visibility at all times on our methods of execution of GRPD rules. 

14. SATISFIED OR REFUNDED

We refund or exchange any customer requests written on our website, in the "Contact" and "Back" section and wait for the validation response of this return within 48 hours. The customer will have to send his product upstream at his own expense to our company with the reference validation of his request by email on our website, on receipt he will receive the new product or refund within 30 working days at our sending costs.

 

For any questions contact us via email : contact@magicelek.com

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