The site of sale on line www.magicalparkshop.com is managed by the company Masedoma whose head office is located at 27 ter rue Haute 55100 BELLERAY - FRANCE, registered in the register of the Trade and the Companies of BAR LE DUC under the number 510 871 569
Intracommunity VAT number: FR72510871569
This website is hosted by GANDI, whose registered office is located at Gandi SAS - 63-65 boulevard Masséna 75013 Paris France
The director of the publication of this site is Mr DOXIN, who is also responsible for its editing.
It is previously specified that the present conditions govern the sales of its products by Masedoma to any individual or legal entity making a purchase via the website www.magicalparkshop.com, hereinafter referred to as "the CLIENT".
The present General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between Masedoma and the CLIENT concerning the sale of the products ordered.
Any order placed on the website www.magicalparkshop.com requires that the CLIENT accepts the Terms and Conditions of Sale in their entirety beforehand and without reservation.
In the event of disagreement with the terms and conditions of the Terms and Conditions of Sale, the CLIENT must not use the Website.
Masedoma reserves the right to adapt or modify its Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications being then applicable to all orders subsequent to the adaptations or modifications.
In case of modification, the General Conditions of Sale applicable to the CLIENT's order are those that were online, and that the CLIENT accepted on the day of placing the order.
Article 1 - Definitions
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meaning indicated below (whether used in the singular or plural).
- General Sales Conditions: refers to the present document, i.e. the terms and conditions that apply to the relationship between Masedoma and the CLIENT.
- Order: refers to the CLIENT's purchase order for one or more Products or Services placed using the Internet site www.magicalparkshop.com or via the Client Service.
- Internet Site: shall designate the Internet site accessible at www.magicalparkshop.com
- Product: shall designate a product or service offered for sale on the Internet site www.magicalparkshop.com
- CUSTOMER: shall designate a Natural or Legal Person, consumer, who uses the Internet Site www.magicalparkshop.com and acquires one or more Products for his/her personal needs, having previously accepted the General Terms and Conditions of Sale.
Article 2. Object
The present General Conditions of Sale aim to define the contractual relations between Masedoma and the CLIENT and the conditions applicable to any purchase made through the website www.magicalparkshop.
By accepting these Terms and Conditions, you represent 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 purchase from this online store.
The use of our products for any illegal or unauthorized purpose is prohibited.
The company Masedoma keeps the possibility to modify at any time these General Conditions of Sales, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in effect at the date of the order by the CLIENT.
Article 3. Prices
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the rate of the VAT could be reflected on the price of the products.
The company Masedoma reserves the right to modify its prices at any time, however, it is understood that the price in the catalog on the day of the order will be the only one applicable to the CLIENT.
The products remain the property of www.magicalparkshop.com until the complete collection of the price by www.magicalparkshop.com.
The products in promotion will be indicated by a sticker "PROMOTION" or by a crossed out Price, our promotions are valid within the limit of stocks available at the time of the order and during the period of posting.
For the CUSTOMERS outside Metropolitan France, www.magicalparkshop.com is forced, in accordance with the law in force, to invoice the VAT on the orders dispatched towards the majority of the countries of the European Union.
For CUSTOMERS outside the European Union and French overseas departments and territories, orders are not subject to VAT, but may be subject to local taxes and customs duties in force in the country of receipt. These rights and sums are not under the responsibility of www.magicalparkshop.com. They are the responsibility of the CLIENT.
Warning: Any inaccurate information provided by the CUSTOMER in order to evade VAT may result in civil fines and criminal prosecution.
The prices of the Products indicated on the www.magicalparkshop website do not include processing and shipping costs, which are invoiced in addition to the price of the Products purchased and according to the total amount of the order.
Article 4. Order
The contractual information is presented in French language and will be the object of a confirmation taking back this contractual information at the latest at the time of the delivery. Masedoma reserves the right to cancel or refuse any order from a client with whom there is a dispute regarding the payment of a previous order.
To order Products on the www.magicalparkshop.com website, the CLIENT must create an account by providing the information required on the registration form.
To this end, the CUSTOMER declares to provide complete personal information, not erroneous, of a nature to allow for its accurate identification in any situation. Any false or slanderous personal information may result in the closure of the CUSTOMER's account and the cancellation of the Order.
The account creation section is accessible directly from the main menu bar. Each time the CUSTOMER visits the site, if he or she wishes to order or consult his or her account (status of orders, personal information, etc.), he or she must identify himself or herself using this information.
Article 5. Payment
The price of the Products and the shipping and handling charges are payable in full by the CUSTOMER at the time the Sales Order is placed.
The www.magicalparkshop.com web site may offer the Customer the possibility of paying for the Sales Order by any of the following methods
- either by credit card:
After choosing the credit card payment method, the Customer is redirected to the secure interface of the payment system in order to safely enter his/her personal credit card information. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable.
- or by bank transfer:
After having chosen the method of payment by bank transfer, and as soon as the order is validated, the Customer receives a confirmation of the registration of his order. In order to finalize the payment and process the order, the Customer must make a bank transfer to the bank account of MASEDOMA whose details are communicated to the Customer at the end of the order.
Upon receipt of the transfer, the order will be processed and the Customer will be informed by e-mail.
- or by check:
After choosing the method of payment by check, and upon validation of the order, the Customer receives a confirmation of the registration of his order. In order to finalize payment and trigger the processing of the order, the Customer must print this order form, along with his check made payable to MASEDOMA at the following address: 27 ter rue haute 55100 BELLERAY.
- No cash payment should be sent.
- In case of payment by check, it must be issued by a bank domiciled in France or Monaco. Upon receipt of the check, the order will be processed and the Customer will be informed by email. The company MASEDOMA will ship the products within 10 days, time of verification of the provision by the banks.
In case of payment by check or bank transfer, the delivery time defined begins to run only from the date of receipt of payment by the seller. The check or transfer must imperatively reach us under 4 working days of the date of the order. Beyond this period, the order will be automatically cancelled.
Article 6. SATISFIED OR REFUNDED
On MAGICAL PARK SHOP, consumers have a period of 14 days* from the date of receipt of the package to request an exchange (in this case, we will refund you upon receipt of the return and you can make a new order) or refund.
In order to exercise this right, they must return (at their expense) the article in its original packaging to the address of the company headquarters: MASEDOMA - 27 TER RUE HAUTE, 55100 BELLERAY accompanied by a letter requesting reimbursement.
The refund (excluding postage), will take place as soon as possible and no later than thirty days after the date of withdrawal and in accordance with Article L.121-20-1 of the Consumer Code.
NB Items returned incomplete, spoiled or damaged (product, or its packaging and original labels of the brand) can not be returned or exchanged.
Reminder: To exercise your right of withdrawal, you must return the complete order (or the desired item) in its original packaging still sealed with the instructions, inside a solid box and suitable for shipping.
To avoid any problem, we advise you to send your package with a tracking system (Colissimo type). Please note that no trace of use should appear on the product you are sending back.
*DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and the Council.
For information: Article L. 121-20 states: "The consumer has a period of 14 clear days to exercise his right of withdrawal without having to give reasons or pay penalties, except, where appropriate, the cost of return."
Article 7. Delivery
Once the Sales Order has been paid for, the Products will be delivered to the address indicated by the CLIENT when the Sales Order was placed. An e-mail will be sent to the CUSTOMER to inform him/her of the shipment of the Products. The CUSTOMER has the option of choosing between different delivery methods.
Shipping costs are calculated according to the delivery method chosen (home, relay point, post office...), the weight of the package and the destination.
Delivery times are only given as an indication, if they exceed thirty days from the order, the sales contract may be terminated and the Customer reimbursed.
The orders are delivered by LA POSTE COLISSIMO, Delivengo, MondiaI Relay or other international courier within a maximum of 30 working days (except for pre-orders) from the receipt of the price corresponding to the counterparty, by the seller.
NB: Regardless of the place or country of destination, the confirmation of delivery by the Post Office or the carrier excludes all claims against magicalparkshop. The customer may file a claim with the carrier.
Article 8. PRE-ORDER
16. Pre-ordered items
Some products can be proposed in pre-order according to their date of availability.
This operation is done with the indication of an estimated availability date on the item page, and recalled on the shopping cart page.
If the Customer's order includes pre-ordered items as well as immediately available items, the entire order will be put on hold until the pre-ordered item(s) is (are) available. The order will be shipped only when all the items are available (the shipment will be done in the same package as the pre-order). The order cannot be delivered partially.
If a Customer wishes to receive one or more items available immediately, he/she must place two separate orders on the Site.
Before validating his pre-order, the Customer can take note of the estimated delivery time, the date of which appears on the product sheet, and of the terms of payment, subject to its actual sale. The provided delay is an estimation which can vary according to the hazards of the logistics or the editor, this delay is not in any way guaranteed. MagicalParkShop reserves the right to modify at any time the announced date of availability.
ANY PRE-ORDER IS FIRM AND DEFINITIVE! NO REFUND WILL BE MADE ON PRODUCTS PLACED IN PRE-ORDER OUTSIDE THE LEGAL RETRACTION PERIOD OF 14 DAYS AFTER THE ORDER
The SITE reserves the right to postpone once the estimated delivery date for an additional period of 6 months maximum from the date initially planned by the Manufacturer and this without any possibility of cancellation of the pre-order by the CUSTOMER
Any pre-order on the WEBSITE implies acceptance of its general sales conditions and of this specific appendix without exception.
Article 9. Guarantee
All products offered by the company Masedoma on the site www.magicalparkshop.com benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non conformity of a sold product, it could be returned to the company Masedoma which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: Masedoma, 27 ter rue haute 55100 BELLERAY - FRANCE, within fourteen days after delivery.
9a: Warranty of products purchased on this site
At the time of delivery (apparent defects).
According to Article 1642 of the Civil Code, "The seller is not responsible for apparent defects of which the buyer could convince himself.
Your product arrives damaged or it is not in conformity? Refuse to sign the delivery note, unless you have reservations, and refuse the goods. Indeed, "once the consumer takes possession of the goods, the risks (...) are transferred to him", warns the DGCCRF. "Therefore, it is important not to sign the delivery note before checking the contents of the packages and the condition of the goods. "You must note the defects of the order upon receipt by opening the package in front of the carrier. In case of incident, simply refuse the delivery by specifying a precise and concise comment. For example: "Package refused because item broken during transport", "package re-scotched", "package opened", "package wet", "package with holes", "package damaged", box crushed", "box with a blow". If there is any doubt, note "refusal for breakage".
IMPORTANT TO READ CAREFULLY : Your order arrives damaged, broken, with defect/s, missing articles...
In case of anomaly, the Commission des Clauses Abusives recommends to write all possible reserves on the delivery note, in the presence of the carrier, or even to refuse the parcel if you consider it not in conformity. Thereafter, you have a period of 3 days to inform our CUSTOMER SERVICE of the damage suffered and inform the carrier Colissimo (Article L. 133-3 of the Commercial Code) in case of damage to the package and your items, to the number 3631 (or by registered letter AR);
REMINDER contact immediately our Customer Service by email or (+33) 0766241259 (10:00 am - 6:00 pm Mon. - Fri.).
NB ALWAYS RESPECT THE MAXIMUM TIME OF 3 DAYS TO INFORM US, NO CLAIM WILL BE ACCEPTED BEYOND THIS PERIOD
For information, the possible imperfections of painting due to the characters "painted with the hand" of the articles, are not taken into account by the guarantee
In both cases:
1) Take pictures of the damaged packaging (showing the shipping label with your contact information) and the contents showing the damage and send them to our Customer Service.
2) Respect the 3 days delay following the reception of the package. The respect of these delays allows us to turn against the carrier and could favour your action in legal guarantee of conformity
ATTENTION the mention "subject to unpacking" has no value. It is also necessary to avoid the mentions of the type "Damaged parcel in intact packing" often proposed by the drivers who use it to avoid a refund.
In case of doubt, do not hesitate to call us.
(When the consumer personally takes delivery of the transported objects and when the carrier does not justify having left him the possibility of effectively checking their good condition, the time limit mentioned in article L. 133-3 of the commercial code is increased to 10 days)
In case of defect of a product bought on the present site, the customers have, in accordance with the provisions of the civil code as regards legal guarantee of the hidden defects, of a short time of 3 days to ask for the exchange or the refunding of the product (after expertise by our Quality department - checking of the defect and, to avoid abuses, the identification codes of the article) and according to the conditions indicated below in paragraph 9b, in application of the article L211-5 of the code of the consumption, in the hypothesis where the delivered good is not in conformity, in the sense given to this word by the aforementioned article.
In order to exercise one of these rights, it is up to them to return the package, according to the following procedure:
1) Contact our Customer Service by email or by phone at 0766241259 (10:00 am - 6:00 pm Mon. - Fri.) and inform them of the nature of the defect found. The latter will give you the instructions to follow and, depending on the case, will send you a return label for the return of the item.
2) At the reception of the postal label, stick it on the parcel which will contain the defective article in its original packing, the address of our company will be already indicated on the label (Masedoma - 27 ter rue haute - 55100 Belleray - FRANCE), accompanied by an explanatory letter of the defect as well as the copy of the invoice or the delivery order.
3) To deposit the parcel in the office of the nearest Post office and to preserve the right part that the Office of Post office will have stamped/dated.
However, if the warranty is not applicable (e.g. abnormal conditions of use of the product) the cost of returning the product is also at the expense of the customer.
Any defects (tears, folds, etc. ...) present on and in the box or the original box of the manufacturer that contain the article, do not constitute a hidden defect or a defect of the article delivered and therefore can not give rise to a refund or an exchange under warranty of the product.
NB ALWAYS RESPECT THE MAXIMUM TIME OF 3 DAYS TO INFORM US, NO CLAIM WILL BE ACCEPTED BEYOND THIS PERIOD
The objects acquired on the present site benefit, in addition to the guarantee of the hidden defects defined by the civil code as well as the guarantee of good conformity* imposed by the article L211-1 to L212-14 of the code of the consumption which are, if necessary, always applicable to them and which is defined above, of a conventional guarantee offered by the salesman, whose duration will be likely to vary according to the product, and will be detailed on the card of each article.
*The legal guarantee of conformity applies on condition that the product presents a defect of conformity. A lack of conformity that appears within 6 months of the sale is presumed to exist at the time of delivery of the goods and is therefore the responsibility of the seller.
The lack of conformity that appears beyond 6 months after the purchase and before 2 years is not presumed to exist from the delivery of the good, it must be proven by the buyer for the seller to be responsible (by way of expertise, for example).
The majority of the figurines on sale on this site are hand painted and/or made with techniques that exalt the side a little "raw" and woody. These techniques of realization make appear "imperfections" on all the ranges on sale. It is possible that some series of the same article present more or less this type of imperfections and each article can present differences with the others in the painting, in the black spots (e.g. typical of the Traditions collection), in the details of the molding (e.g. small holes), in the finishes etc... . These 'imperfections are not considered defects under warranty imposed by Article L211-1 to L212-14 of the Consumer Code.
Depending on the case, we may have to refund the product instead of replacing it*.
*Court of Justice of the European Union: The costs can not be disproportionate.
Article L211-9 of the Consumer Code When only one mode of resolution (repair or exchange) is possible and that this mode entails disproportionate costs, the seller may limit his intervention in these costs. These costs must be proportional to the value of the good to be replaced. This limitation may not, however, constitute a major inconvenience for the consumer that would lead him to renounce his right to the guarantee. If the seller limits his participation in the case of costs that are deemed disproportionate, the consumer must have the choice between assuming part of these costs and cancelling his contract (or reducing the purchase price).
If you have used a voucher obtained with the conversion of points, it will be reallocated to you at the time of the refund. If you have used another voucher (e.g. from a one-time promotion), it will be lost if its validity has expired.
If a returned item is not/no longer available at the time of receipt in our warehouse and the determination of the defect by our quality managers, only the net value will be refunded.
We cannot guarantee the same purchase price you received when you first ordered if you decide to buy the returned item back and get a refund.
NB The colors of the images of the items on this site may vary from one screen to another depending on the display setting used by the Internet user. These variations do not constitute a hidden defect or a fault of the delivered article and can thus not give place to a refund or an exchange under guarantee of the product.
Many items offered on this site are hand painted. The few irregularities are the guarantee of an authentic product. These irregularities and imperfections do not constitute a hidden defect or a fault of the delivered article and can therefore not give rise to a refund or an exchange under guarantee of the product.
The refund period provided by the consumer law (Hamon law) is 14 days. L5C Sarl strives to process returns within 2 to 5 working days from receipt of the package.
Article 10. Responsibility
The company Masedoma has, for all stages of access to the site, the ordering process, delivery, customer service or subsequent services, an obligation of means. Masedoma's responsibility cannot be engaged for all inconveniences or damages inherent to the use of the internet network, notably data loss, intrusion, virus, service breakdown, and other involuntary problems, or any fact qualified as force majeure, according to jurisprudence.
The computerized registers kept in the information systems of Masedoma in reasonable conditions of security, will be considered as proof of communication, orders and payments between Masedoma and the Client.
Article 11 - Security
The site www.magicalparkshop.com is subject to a security system: the SSL encryption process has been adopted, but all the scrambling and encryption processes have also been strengthened to protect all sensitive data related to means of payment as effectively as possible.
Article 12 - Intellectual property
All texts, comments, works, illustrations and images reproduced on the site www.magicalparkshop.com are reserved under the copyright as well as under the intellectual property and for the whole world. As such and in accordance with the provisions of the code of intellectual property, only the use for private use is authorized, subject to different provisions, even more restrictive of the code of intellectual property. Any total or partial reproduction of the site www.magicalparkshop.com is strictly forbidden whether in the form of photo, logo, visual or text.
Article 13. Data of a personal nature
All the data that you entrust on the site www.magicalparkshop.com are in order to be able to treat your orders.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, you have with the salesman of a right of correction, consultation or modification and suppression of the data which you communicated to us. This right can also be exercised online.
Article 14. Force majeure
The execution by Masedoma of all or part of its obligations, in particular of delivery, will be suspended in case of occurrence of a fortuitous event or force majeure that would hinder or delay the execution. Are considered as such, in particular, without this list being restrictive, war, riots, insurrection, social unrest, strikes of all kinds. Masedoma will inform CLIENTS of the occurrence of an act of God or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the CLIENT will have the option of cancelling the current order, and will then be reimbursed the price of the Products ordered and the delivery fees paid.
Article 15. Applicable laws and competent jurisdictions
The General Terms of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic. In the event of any difficulty arising in connection with the Order, the delivery of the Products and, more generally, the execution of the sale, the CUSTOMER shall have the possibility, before taking any legal action, to seek an amicable solution, in particular with the help of a consumer association or any other counsel of its choice.
Article 16. Customer service
For any information or question on an order, the customer service is at your disposal:
- By phone: 0766241259 from Monday to Friday from 10am to 6pm. Closed on weekends and holidays
- By mail : firstname.lastname@example.org
- postal address : 27 ter rue haute 55100 BELLERAY - FRANCE
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