These General Terms and Conditions of Sale (hereinafter referred to as «GTC») concern exclusively the relationship between MLF, a simplified joint stock company with a single shareholder with a capital of EUR 5,000, registered in the LYON Trade and Companies Register under number 819 154 832, domiciled at 101 rue du Président Édouard Herriot in LYON (69002), represented by Ms Marie-Lise FERY and operating under the trade name MAGIC CIRCUS EDITIONS (hereinafter referred to as «MAGIC CIRCUS»), and any individual or legal entity wishing to purchase one or more MAGIC CIRCUS products (hereinafter referred to as the «Customer»).
MAGIC CIRCUS markets to its Customers high quality lighting fixtures made by renowned European craftsmen (hereinafter the «Products»).
Customers may be consumers as defined by Law No. 2014-344 of 17 March 2014 (hereinafter the «Consumer Customers»), or professionals who do not meet the definition of Consumers (hereinafter the «Non-Consumer Customers»).
MAGIC CIRCUS and the Customer are collectively referred to as the Parties.
ARTICLE 1 — APPLICATION OF THE GENERAL CONDITIONS OF SALE
Any order for Products implies the Customer’s knowledge of and full and unreserved acceptance of these GTC. Any condition to the contrary imposed by the Customer will therefore be unenforceable against MAGIC CIRCUS in the absence of prior written acceptance. Any deviation or clause contrary to these GTC will only be valid if it has been negotiated and accepted by MAGIC CIRCUS beforehand and in writing.
These GTC may be subject to change. It is therefore understood that MAGIC CIRCUS’ GTC are applicable on the day the order is placed.
ARTICLE 2 — INFORMATION COMMUNICATED TO THE CUSTOMER
The Customer acknowledges having been informed, prior to any order and purchase of Products, in a legible and comprehensible manner, of these GTC and of all legal information, in particular information concerning:
• the essential features of the Products,
• the price of the Products and related costs,
• the date or deadline by which MAGIC CIRCUS undertakes to deliver the Products,
• information on the identity of MAGIC CIRCUS, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
• the company name of MAGIC CIRCUS, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address,
• the methods of payment, delivery and execution of the Products, as well as the methods provided by MAGIC CIRCUS for handling complaints,
information on legal and contractual guarantees and how to apply them,
• the option for Consumer Clients to have recourse to conventional mediation in the event of a dispute under the conditions laid down in the French Consumer Code,
• the validity period of the offer.
The Customer is informed that if they have any questions, they can also visit the «Frequently Asked Questions» page on the MAGIC CIRCUS website, available at the following address: www.magic-circus.fr
If they do not find the answer to their question, the Customer may also contact MAGIC CIRCUS by e-mail at the following address: email@example.com
ARTICLE 3 — ORDER
The Customer expressly acknowledges that the specifications mentioned in MAGIC CIRCUS’ catalogues, technical sheets and advertising material are only indicative. MAGIC CIRCUS reserves the right to make any changes to its Products that it deems appropriate, even after orders have been accepted, without however affecting the main features.
The Customer also acknowledges that, as the Products are handmade objects, their dimensions, finishes and colours may vary significantly from one Product to another for the same model.
All Products sold by MAGIC CIRCUS work with LED bulbs or tubes. The Customer acknowledges that unless expressly stated otherwise by MAGIC CIRCUS at the time of the Order, MAGIC CIRCUS does not supply, and is not in a position to supply, any bulbs. It is the Customer’s responsibility to obtain the bulbs for which the number and reference are indicated on the product sheets supplied by MAGIC CIRCUS.
All the products marketed by MAGIC CIRCUS are CE certified. They may, at the Customer’s request, be adapted to the electrical system of a country outside the European Union.
The Customer may use the services of MAGIC CIRCUS to create an original product, the specifications and price of which will be discussed between the Parties, and which will be subject to an estimate from MAGIC CIRCUS.
MAGIC CIRCUS may also, at the Customer’s request, make customised adaptations to the Products in its catalogue, particularly with regard to the size of the Product. The specifications and prices will then also be discussed between the Parties and will be quoted by MAGIC CIRCUS.
All orders shall be subject to a written document signed by the Customer, specifying the reference of the Product(s) ordered, and shall be accompanied by payment of the full price of the Product(s) ordered.
When placing the Order, the Customer also specifies the delivery method for the Products chosen, the name and contact details of the carrier if the Customer wishes to use their own carrier, or the delivery address if the Customer wishes to use a carrier appointed by MAGIC CIRCUS.
The Customer undertakes to provide MAGIC CIRCUS with accurate and complete information, in particular concerning the order and the delivery address, if any. It acknowledges that incomplete or erroneous information could lead to errors in delivery and delays that cannot be attributed to MAGIC CIRCUS.
The order is considered firm and definitive, even in the absence of an order form signed by the Customer, on the day of confirmation of the order by MAGIC CIRCUS following receipt of full payment. As of the confirmation of the order by MAGIC CIRCUS, the Customer may not cancel or modify the order, unless MAGIC CIRCUS expressly agrees otherwise.
Minor modifications to the order may be requested by the Customer within 48 hours of confirmation of the order by MAGIC CIRCUS. Once this 48-hour period has elapsed, any modification whatsoever shall give rise to an additional cost of one hundred and fifty (150) euros (excluding VAT) to be paid by the Customer.
ARTICLE 4 — PRICE
Prices are per unit and exclusive of tax, ex MAGIC CIRCUS warehouse. They do not include the price of the bulbs. The prices of the Products are determined by the price list in effect on the day of the order, regardless of the price indicated in the MAGIC CIRCUS catalogue.
As an exception to the above provisions, MAGIC CIRCUS will pay for the delivery of Products in Metropolitan France when the price of the Product(s) ordered reaches five hundred (500) euros excluding tax. This assumption of responsibility is limited to the delivery of Products to the ground floor, with the exception of deliveries to upper floors.
The price of the Products as well as, if applicable, the transport costs, will be paid by the Customer on the day the order is placed, by cheque or bank transfer to the MAGIC CIRCUS account, the details of which will be sent to the Customer by MAGIC CIRCUS.
The order will not be taken into account by MAGIC CIRCUS until it has received the full payment.
ARTICLE 5 — DELIVERY
The delivery of Products is understood to be either by direct delivery to the Customer, by simply advising that the Products are available, or by delivery within MAGIC CIRCUS’ warehouses to a shipper or carrier designated by the Customer or, failing that, by MAGIC CIRCUS (hereinafter referred to as «Delivery»).
The Customer is expressly informed that MAGIC CIRCUS does not offer to install the Products in the premises for which they are intended.
The delivery time of the Products by MAGIC CIRCUS is indicated to the Customer when the order is confirmed by MAGIC CIRCUS. It is usually 6 to 8 weeks from the confirmation of the order by MAGIC CIRCUS.
However, the Non-Consumer Customer acknowledges that delivery times are given as an indication and are not binding on MAGIC CIRCUS with regard to Non-Consumer Customers.
Exceeding the delivery times indicated by MAGIC CIRCUS may not give rise to any compensation whatsoever on the part of MAGIC CIRCUS with regard to the Non-Consumer Client, nor may it lead to the cancellation of orders in progress.
The Customer is asked to check the condition of the Products, their compliance with the order as well as their electrical functioning at the time of delivery. Any reservations, which must be detailed and substantiated, must be written on the delivery notes and then notified to MAGIC CIRCUS by registered mail with acknowledgement of receipt, at the latest within two (2) days of receiving the products. Any reservations must be documented by photographs taken at the time of delivery.
The Customer is expressly informed that reservations that are not detailed and justified, expressed orally, or the note «subject to unpacking», are deemed an absence of reservation.
The unconditional acceptance of the products delivered denies the Non-Consumer Customer any subsequent claim against MAGIC CIRCUS.
ARTICLE 6 — TRANSPORT AND RISK TRANSFER
From the time of Delivery as defined in Article 5 of these GTC, the risk transfer takes place on the day of Delivery, and the Products are transported at the Customer’s own risk.
This regulation is intended to apply even if the Non-Consumer Customer has asked MAGIC CIRCUS to designate a carrier to transport the Products to their destination.
In such a case, and even if the delivery costs are invoiced by MAGIC CIRCUS, MAGIC CIRCUS will only act as an intermediary and will not assume any responsibility towards the Non-Consumer Customer for the delivery of the Products.
Complaints about the non-conformity of the products delivered must be notified in writing to MAGIC CIRCUS within a maximum of seven (7) days after delivery. This notification will be sent by email to firstname.lastname@example.org and shall specify the order number and date, photos and/or videos illustrating the problem encountered as accurately as possible, and a full description of the problem encountered.
Under no circumstances may a complaint be subject to the invoicing of costs, in particular administrative costs, on the part of the Customer.
Since each Product is made to order, no product may be returned without the prior written consent of MAGIC CIRCUS. Broken Products damaged in any way due to the fault or negligence of the Customer may not be reimbursed or exchanged, unless otherwise agreed by MAGIC CIRCUS.
In the event of a complaint by the Customer, the MAGIC CIRCUS shop manager will first offer the Customer repair solutions that can be carried out on site by any professional appointed by the Customer. MAGIC CIRCUS will then send replacement parts to the Customer.
If the problem persists, the Product must be returned in its original packaging by the Customer, and MAGIC CIRCUS will arrange its return so that any defects can be analysed in the workshop.
The Customer expressly acknowledges that if they fail to prove that the Product they are claiming is faulty, they will remain liable for all costs incurred by MAGIC CIRCUS for the return and analysis of the Product.
ARTICLE 7 — INTELLECTUAL PROPERTY
All texts, comments, illustrations and images included on the MAGIC CIRCUS website, catalogues, leaflets, brochures or any other commercial media are reserved under copyright law and intellectual property law for the whole world. Any total or partial reproduction of the website, catalogues, leaflets, brochures or any other commercial material is strictly forbidden.
The Customer acknowledges that MAGIC CIRCUS is the owner or has the right to use all the intellectual property rights covering the Products sold to the Customer and that no right to use or reproduce said rights is conferred upon the latter.
In particular, the Customer undertakes not to alter said intellectual property rights, nor to make improper use of them that may discredit or devalue them.
In the event of non-compliance with this clause, the Customer shall compensate MAGIC CIRCUS for all losses and costs incurred by MAGIC CIRCUS in order to assert said rights, as a result of infringement or illegal copying, and more generally on the occasion of all legal or extra-legal proceedings.
ARTICLE 8 — LIABILITY AND GUARANTEE
8.1 – Scope of MAGIC CIRCUS’s liability
The Products delivered by MAGIC CIRCUS are guaranteed, in accordance with the legal provisions, against any hidden defect, design or production fault that renders them unfit for the use for which they were intended for one (1) year from the date of delivery as defined in Article 5 of these GTC.
In order to invoke the guarantee, the Customer must, under penalty of forfeiture of any action relating thereto, indicate to MAGIC CIRCUS by registered letter, the existence of the defect or fault affecting the product, and its precise description, within seven (7) days of discovering it.
Any interventions under the guarantee (after-sales service) shall not result in the extension of the duration of the guarantee. This guarantee is limited to the repair, replacement where possible or reimbursement of Products that do not conform or are affected by a defect.
The costs of interventions by MAGIC CIRCUS carried out at the request of the Customer under the guarantee, but which prove to be outside the guarantee, shall be borne by the Customer.
In any case, the liability of MAGIC CIRCUS is limited to direct material damage, to the exclusion of any indirect damage and any loss of turnover, profit, operating profit, reputation or goodwill, clientele, commercial or economic loss or other loss of income.
For Non-Consumer Customers, the total cumulative liability of MAGIC CIRCUS shall not exceed the total amount excluding taxes of the Products invoiced by MAGIC CIRCUS for the Order and paid by the Customer.
8.2 – Provisions specific to Consumer Customers
MAGIC CIRCUS shall be held liable for any lack of conformity at the time of delivery of the Products. For Consumer Customers, defects in conformity that appear within twenty-four months of delivery of the Products are presumed to have existed at the time of delivery, unless proven otherwise.
The Consumer Client is reminded of the following provisions of the French Consumer Code:
Article L. 217-4 of the French Consumer Code – The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made its responsibility by the contract or was carried out under its responsibility.
Article L. 217-5 – The goods conform to the contract:
1. Whether it is fit for the use ordinarily expected of similar goods and, if so:
• if it corresponds to the description given by the seller and has the properties that the seller presented to the buyer in the form of a sample or model;
• it has the qualities that a buyer may legitimately expect, in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2. Or if it has the features defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L. 217-12 – The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 – When the buyer asks the seller, during the course of the commercial guarantee which was provided to it at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of at least seven days during which the goods are out of use shall be added to the remaining period of guarantee. This period shall run from the time of the buyer’s request for action or from the time the goods in question are made available for repair, if they are made available after the request for action.
Article 1641 of the French Civil Code: – The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which reduce that purpose to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, if it had been aware of them.
Article 1648 paragraph 1 – The action resulting from redhibitory defects must be instituted by the buyer within two years of discovering the defect.
8.3 – Exclusion of MAGIC CIRCUS’ liability
Defects or deterioration caused by improper storage, negligence or lack of maintenance on the part of the Customer or in the event of natural wear and tear or as a result of an external accident (incorrect assembly, abnormal use, etc.) or modification of the product by the Customer or by a third party not authorised by MAGIC CIRCUS, are excluded from the guarantee.
The Customer undertakes to have the Products fitted and installed by an electrician or any other construction professional competent in the installation of lighting.
In the event that the Client does not respect this obligation to use a professional for the assembly and installation of the Products, he/she shall remain solely responsible for this service, even if MAGIC CIRCUS has provided him/her with information, advice or diagrams on this subject, and shall not be able to benefit from this guarantee in any way for any damage that may occur during such assembly or installation.
The Customer also undertakes to store and use the Products only in dry locations and with an electrical power supply that complies with the recommendations made by MAGIC CIRCUS. It also undertakes not to use any other bulbs than those whose references are mentioned on the product sheets supplied by MAGIC CIRCUS.
MAGIC CIRCUS shall in no event be held liable for any direct or indirect material or immaterial damages incurred to any third party resulting from improper use of the Products, notably due to non-compliance with the regulations mentioned in this Article 8.3.
ARTICLE 9 — PERSONAL DATA
In particular, MAGIC CIRCUS declares that it collects data relating to the Customer as part of its activity and stores it in the Customer’s account as part of the performance of its obligations (hereinafter the «Data»). This Data constitutes personal data as defined by Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, and the General Data Protection Regulation. It acknowledges that it is solely responsible for the processing carried out in this respect.
MAGIC CIRCUS therefore undertakes to comply with all the legal and regulatory obligations incumbent upon it in terms of personal data protection, in particular to guarantee the security and confidentiality of the Data.
To this end, MAGIC CIRCUS undertakes (i) not to make any copy of the Data without the express agreement of the Customer, (ii) to use the Data only upon instruction from the Customer and within the framework of the sale of the Products, (iii) not to divulge or transmit the Data to third parties without the express agreement of the Customer, (iv) to take all measures to avoid any misuse or fraudulent use of the Data, (v) to take all technical security measures to preserve the integrity of the Data, (vi) to proceed with destruction of the Data at the end of these GTC.
In accordance with the French Data Protection Act of 6 January 1978, as amended, and the General Data Protection Regulation of 27 April 2016, the Customer has a right of access, rectification, deletion, data portability and limitation of personal data processing.
The Customer has the right to object to the processing of data, as well as the right to object to this data being used for commercial prospecting purposes. To exercise these rights, the Customer must contact MAGIC CIRCUS via the «Contact» form on its website.
ARTICLE 10 — FORCE MAJEURE
MAGIC CIRCUS shall not be held responsible for the non-fulfilment of its obligations under the terms of this agreement resulting from the occurrence of an event of force majeure.
The following are considered to be cases of force majeure, in addition to those that meet the criteria established by law and the jurisprudence of the French courts and tribunals: fires, storms, lightning, strikes, floods, earthquakes, epidemics, attacks, explosions, wars, military operations or civil unrest, obstruction to means of transport or supply, stoppage of energy supply, large-scale and insurmountable computer viruses with protection expected by all professionals in the MAGIC CIRCUS trade, any legislative or regulatory restriction on the delivery of the Products and any decision by a public authority preventing the delivery of the Products, in particular those relating to trade imposed by a national or international body or authority, as well as any changes to these.
ARTICLE 11 — GENERALITIES
Should MAGIC CIRCUS not take advantage of any of these GTCs at a given time, this shall not be interpreted as a waiver of the right to take advantage of any of these conditions at a later date.
If one or more provisions of these GTC are considered invalid or declared so by a final court decision, the other provisions shall retain their validity and scope.
The headings of the articles of the GTC are intended only to facilitate reading and should not affect the interpretation of the GTC.
In order to be valid, any notification made by the Customer under these GTC must be made by registered letter with acknowledgement of receipt, to the MAGIC CIRCUS address as specified in the preamble to these GTC.
Only the French version of the GTC and of any contractual document concluded between the Parties shall prevail over a version written in another language.
ARTICLE 12 — MEDIATION (FOR CONSUMER CUSTOMERS ONLY)
The provisions of this Article apply to Consumer Customers to the exclusion of Non-Consumer Customers.
In the event of a dispute relating to these GTCs, the Consumer Customer has the right to have free recourse to a consumer mediator in accordance with Articles L612-1 of the French Consumer Code. A list of approved mediators is available on the consumer mediation website at this address.
In addition, the Customer has the possibility to file a complaint via the Online Dispute Resolution platform (the «ODR» platform) accessible through this link. This link is also accessible on the Website.
ARTICLE 13 — APPLICABLE LAW AND JURISDICTION
These GTC are subject to French law.
13.1 – For Consumer Clients
In the event of difficulties in the performance of the obligations set out in these GTC, the parties shall first seek an amicable solution. In the event that they fail to do so, any dispute or contestation to which these GTC may give rise, both as regards their validity and their interpretation or execution, even in summary proceedings, shall be brought before the competent court.
13.2 – For Non-Consumer Customers
In the event of difficulties in the performance of the obligations set out in these GTC, the parties shall first seek an amicable solution. In the event that they fail to do so, any dispute or contestation to which these GTC may give rise, both as regards their validity and their interpretation or execution, even in summary proceedings, shall be brought before the Commercial Court of Lyon.