ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE SHOP

By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit worms, viruses or any other code of a destructive nature.

Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to services to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, which implies (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connection of networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without prior express written authorisation from us.

The headings used in this agreement are included for your convenience and will neither limit nor affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION

This site may contain certain historical information. This historical information, by its nature, is not current and is provided for indicative purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update information on our site. You agree that it is your responsibility to monitor changes made to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may be modified without notice.

We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time.

We shall not be liable to you or any third party for any modification of price, suspension or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.

We have done our best to display as clearly as possible the colours and images of our products appearing in our shop. We cannot guarantee that the display of colours on your computer screen will be accurate.

We reserve the right, but are not obliged, to limit the sales of our products or services to any person, in any geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All descriptions of products and prices of products may be modified at any time without prior notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer of a service or product presented on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other merchandise that you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or delivery address. In the event that we modify an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgement, may appear to come from dealers, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed in our shop. You undertake to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

For further details, please consult our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we exercise no monitoring, control or influence.

You acknowledge and accept the fact that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and services shall also be subject to these Terms and Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include material from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of these sites, and we do not warrant and assume no liability for any content, website, product, service or other material accessible on or from such third-party sites.

We are not responsible for harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Please read carefully the policies and practices of third parties and ensure you understand them properly before engaging in any transaction. Complaints, claims, concerns, or questions concerning third-party products should be submitted to those same third parties.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to participate in competitions), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us the right, at all times and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that you send us. We are not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

We may, but have no obligation to, monitor, edit or delete content that we deem, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.

You undertake to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene content, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post as well as their accuracy. We assume no responsibility and disclaim all liability for any comments you post or that any other third party posts.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our site or in the Service that could contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, at any time and without notice (including after you have placed your order).

We are not required to update, modify or clarify information in the Service or on any other associated website, including but not limited to pricing information, except as required by law. No specific date of update or refresh in the Service or on any other associated website should be taken to conclude that the information in the Service or on any other associated website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite third parties to perform illegal acts or to take part in them; (c) to infringe any regional order or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a manner that compromises the functionality or operation of the Service or any other associated website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for having breached the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We in no way guarantee or claim that your use of our Service will be uninterrupted, rapid, secure or error-free.

We do not guarantee that the results that could be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notifying you in advance.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service as well as all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties and conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

MagicBook, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether contractual, tortious (even in case of negligence), strict liability or otherwise, resulting from your use of any service or product obtained from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and protect MagicBook, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising from your breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or your breach of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms and Conditions of Sale and Use is deemed to be unlawful, void or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties before the termination date shall remain in force after the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.

If we judge, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you shall remain liable for all sums owed up to and including the termination date, and/or we may refuse you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to any previous version of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services shall be governed and interpreted in accordance with the laws in force at 5 boulevard jean jaures, Chatou, J, 78400, France.

ARTICLE 19 – MODIFICATIONS TO THE TERMS AND CONDITIONS OF SALE AND USE

You may consult the most recent version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check whether changes have been made. Your continued use of or access to our site after the posting of any modification to these Terms and Conditions of Sale and Use constitutes acceptance of such modifications.

ARTICLE 20 – CONTACT INFORMATION

Questions concerning the Terms and Conditions of Sale and Use should be sent to us at contactmagicbook.uk@gmail.com.

ARTICLE 21 – WARRANTIES

15.1 MagicBook is the guarantor of the conformity of Articles sold by the Online Shop. As such, any claim under the legal guarantee of conformity (provided for in articles L. 217-4 et seq. of the consumer code or the guarantee of defects in the thing sold within the meaning of articles 1641 et seq. of the civil code) must be addressed to MagicBook – Rīga, Latgales iela 222B - 25, LV-1019, Latvia

15.2 MagicBook is liable for defects in conformity of the goods to the contract under the conditions of article L. 217-4 et seq. of the consumer code and hidden defects in the thing sold under the conditions provided for in articles 1641 et seq. of the civil code.

15.3 The warranty of any goods sold by MagicBook on its online shop is 24 months from the date of actual delivery of the goods.

15.4 Products or services modified, repaired, integrated or added by the Customer or any other person not authorised by MagicBook for said product or service are excluded from warranty.

15.6 Legal Warranties

All Products on sale on the MagicBook Site benefit from the legal guarantee of conformity (articles L217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing you to return defective or non-conforming Products delivered.

15.7 Legal guarantee of conformity

You have a period of two years from the delivery of the Product to take action under the legal guarantee of conformity.

In this case, you may choose between the repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code.

For contracts concluded from 18 March 2016, you are exempt from providing proof of the existence of the defect in conformity of the Product for twenty-four (24) months following the delivery of the Product. For contracts concluded previously, the defect is presumed for six (6) months.

MagicBook undertakes, depending on what is possible and reasonable:

• either to replace the Product with an identical product (with regard to available stock);
• or to exchange the Product with a product of equivalent quality and price (with regard to available stock);
• or to refund the price of the Product within 30 days following the exercise of the legal guarantee of conformity, if replacement with an identical or equivalent Product proves impossible.

- Article L217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for defects in conformity existing upon delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions or installation when it has been charged to them by the contract or has been carried out under their responsibility.

- Article L217-5 of the Consumer Code: The goods conform to the contract:

If they are suitable for the purpose usually expected of similar goods and, where applicable:

• if they correspond to the description given by the seller and possess the qualities that they presented to the buyer in the form of a sample or model;
• if they present the qualities that a buyer may legitimately expect in view of the public declarations made by the seller, by the producer or by their representative, particularly in advertising or labelling;

Or if they present the characteristics mutually agreed upon by the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

- Article L217-12 of the Consumer Code: The action resulting from lack of conformity is time-barred by two years from the delivery of the goods.

15.8 Legal guarantee against hidden defects

Furthermore, you may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, you may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

To be able to trigger the guarantee for hidden defects:

1. the defect or fault prevents you from making normal use of the Product;
2. at the time of purchase, you could not detect the defect or fault affecting the Product;
3. the defect or fault is not the consequence of improper use of the product;
4. you must act within two years from the day you discovered the defect or fault to claim the benefit of this guarantee.

You have the option of choosing between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.

- Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them.

- Article 1648 paragraph 1 of the Civil Code: The action resulting from prohibitory defects must be brought by the purchaser within two years from the discovery of the defect.

For the exercise of legal guarantees, contact MagicBook (see Article 11 of these General Conditions of Sale). In any event, MagicBook's liability may not exceed the value of the Product(s) purchased.

15.9 Exclusion of guarantees: The guarantees do not apply to defects resulting from intervention on your part, such as in particular improper use or repair.

ARTICLE 23 - OPPOSITION TO TELEPHONE CANVASSING

To avoid any telephone canvassing, you may register on the list https://www.bloctel.gouv.fr/

ARTICLE 24 – RIGHT OF WITHDRAWAL

25.1 In accordance with article L221-18 of the Consumer Code, the customer has a period of fourteen (14) days from receipt of their order to exercise their right of withdrawal, except in the case of personalised products.

25.3 In case of a defect or error attributable to MagicBook, the customer must contact customer service within 14 days from receipt of the book, attaching a photograph of the defect observed. MagicBook will then propose, as appropriate:

• a free replacement of the product, or
• a full refund of the order.

25.4 No returns will be accepted without prior agreement from customer service.