GENERAL TERMS AND CONDITIONS MAGICDARTS.NL

Article 1 – Identity and definitions

1.1. MagicDarts is an enterprise specializing in the sale of dart products and related products through its webshop and by appointment from its physical store.

Company details:

• Trade name: MagicDarts

• Registered address: W. Vrijlandtstraat 36A, 3262 GN Oud-Beijerland, Netherlands

• Website: https://magicdarts.nl

• WhatsApp: 06 170 180 69

• Email address: info@magicdarts.nl

• Chamber of Commerce number: 63865599

• VAT identification number: NL855432883B01

1.2. In these general terms and conditions, the following terms shall have the following meanings:

• MagicDarts: the enterprise that offers products and services via magicdarts.nl.

• Customer: any natural person or legal entity that enters into an agreement with MagicDarts.

• Consumer: a natural person who acts for purposes outside their business or professional activity.

• Business customer: a customer who acts on behalf of their business, profession, or organization.

• Agreement: any purchase agreement between MagicDarts and the customer.

• Products: all dart products, accessories, dart shirts, personalized products, and other items offered by MagicDarts.

Article 2 – Applicability

2.1. These general terms and conditions apply to all offers, orders, agreements, and deliveries of MagicDarts.

2.2. By placing an order, the customer declares to have read these general terms and conditions and hereby agrees to them.

2.3. The general terms and conditions are made available before finalizing an order, so that the customer can save them.

2.4. Deviations from these terms and conditions are only valid if they have been confirmed in writing by MagicDarts.

2.5. If one or more provisions of these terms and conditions turn out to be void or voidable, the remaining provisions shall remain in full force and effect.

2.6. If a provision of these terms and conditions conflicts with mandatory consumer law, the statutory provision shall prevail.

Article 3 – Offers and promotions

3.1. All offers and promotions by MagicDarts are non-binding, unless expressly stated otherwise.

3.2. Offers are valid while supplies last and during the stated promotional period.

3.3. MagicDarts reserves the right to change or discontinue offers, prices, and promotions. This does not affect agreements already concluded.

3.4. MagicDarts is not bound by obvious pricing, printing, or typesetting errors if the customer could reasonably have understood that an error had occurred.

3.5. Promotions may contain additional terms and conditions. These will be stated with the relevant promotion.

3.6. Participation in a promotion means that the participant agrees to the promotional terms and conditions applicable thereto.

3.7. If a promotion includes a prize draw, the following provisions apply, unless stated otherwise with the promotion:

• Winners will receive personal notification no later than two weeks after the end of the promotion.

• If a winner does not respond within 14 days, another winner may be selected.

• Prizes are personal, non-transferable, and cannot be exchanged for money, unless stated otherwise.

• MagicDarts is not responsible for incorrectly entered contact details.

• Correspondence regarding the results will only be sent if there is a reason to do so.

Article 4 – Formation of the agreement

4.1. An agreement is formed at the moment the customer places an order and MagicDarts confirms this order electronically.

4.2. MagicDarts reserves the right to refuse or cancel an order in cases such as:

• Incorrect or incomplete order details.

• Obvious pricing or product errors.

• Suspicion of fraud or abuse.

• Unavailability of a product.

4.3. If an order cannot be delivered after payment, the customer will be notified and the paid amount will be refunded.

4.4. The customer is responsible for providing correct and complete address and contact details.

4.5. A request to change or cancel an order can be submitted as soon as possible via WhatsApp or email. MagicDarts will assess whether this is still possible, depending on the status of the order. This is without prejudice to the statutory right of withdrawal.

Article 5 – Prices and payments

5.1. All consumer prices on the website include the legally due VAT.

5.2. Shipping costs and any additional costs will be clearly displayed before the order is finalized.

5.3. MagicDarts reserves the right to change prices. The price applicable at the time of ordering shall determine the agreement.

5.4. Payment will be made via the available payment methods offered during checkout on the website.

5.5. In principle, an order will be processed after payment has been successfully received, unless otherwise agreed.

5.6. If payment is not completed, MagicDarts may suspend or cancel the order.

5.7. If a business customer does not pay on time, MagicDarts may charge statutory commercial interest and reasonable extrajudicial collection costs after the agreed payment term has expired, to the extent permitted by law.

Article 6 – Delivery and shipping

6.1. MagicDarts ships orders to the countries made available during checkout on the website.

6.2. The applicable shipping costs will be displayed during the ordering process.

6.3. For orders within the Netherlands, shipping is free from €75, unless stated otherwise for a specific offer or product.

6.4. MagicDarts strives to ship orders for products that are in stock within two business days after receipt of payment.

6.5. Stated delivery times are indicative, unless a binding delivery date has been expressly agreed.

6.6. If an order cannot be delivered within the agreed or legally applicable period, the consumer has the right to still demand delivery or, if the statutory conditions have been met, to rescind the agreement.

6.7. Delivery will take place at the delivery address provided by the customer.

6.8. The risk of loss or damage to products remains with MagicDarts until the customer or a third party designated by the customer has physically received the products. If the customer chooses a carrier that was not offered by MagicDarts, the risk passes as soon as the product has been handed over to that carrier.

6.9. MagicDarts is not liable for delays caused by carriers, customs, or other circumstances beyond its reasonable control. The consumer's statutory rights remain unaffected.

6.10. MagicDarts reserves the right to deliver an order in multiple shipments if this is necessary or practically desirable.

6.11. For deliveries outside the European Union, import duties, customs costs, and local taxes may apply. These costs are, unless stated otherwise, the responsibility of the recipient.

Article 7 – Products and product information

7.1. MagicDarts pays the utmost care to the product descriptions, specifications, images, and other information on the website.

7.2. Images, colors, and product representations may differ slightly from the actual product delivered, for example due to screen settings or product variations.

7.3. Minor product differences inherent in the production process do not automatically mean that a product does not meet the agreement.

7.4. Product specifications, such as weight, length, diameter, and material, are stated as accurately as possible based on the available information from manufacturers and suppliers.

7.5. If a product substantially deviates from the agreed product description, the customer's statutory rights apply.

7.6. MagicDarts reserves the right to remove products from the assortment or to adjust product information. This does not affect agreements already concluded.

Article 8 – Right of withdrawal and returns

8.1. Consumers purchasing through the webshop have the statutory right to rescind the agreement within 14 days without stating reasons, unless a statutory exception applies.

8.2. The cooling-off period begins on the day after the consumer, or a third party designated by them who is not the carrier, has received the product.

8.3. For an order consisting of multiple products that are delivered separately, the cooling-off period begins on the day after receipt of the last product.

8.4. The consumer can exercise the right of withdrawal by sending an unambiguous statement to MagicDarts within the cooling-off period, for example by email, via the statutory model form for withdrawal, or via the withdrawal function on the website.

8.5. After notifying the withdrawal, the consumer has another 14 days to return the product.

8.6. The consumer must handle the product and packaging with care. The product may be unpacked and inspected to the extent necessary to determine its nature, characteristics, and operation, as would also be possible in a physical store.

8.7. If the product has been used beyond what is necessary for this assessment and its value has therefore decreased, MagicDarts may charge the consumer for this reduction in value, to the extent permitted by law.

8.8. The direct costs of returning the product are borne by the consumer, provided this was clearly communicated before concluding the agreement.

8.9. After a valid withdrawal, MagicDarts will refund all payments received from the consumer, including the costs of the standard outbound shipment. If the consumer chose a more expensive shipping method, MagicDarts only needs to refund the costs of the cheapest standard shipping.

8.10. The refund will take place within 14 days after the withdrawal notification. MagicDarts may wait with the refund until the product has been received or the consumer has shown that the product has been returned, whichever occurs earlier.

8.11. The right of withdrawal does not apply to products for which a statutory exception applies, including:

• Products that have been manufactured according to the consumer's specifications and are not pre-fabricated, or that are clearly intended for a specific person.

• Personalized products, such as dart shirts with a personal name, image, logo, or other personal printing.

• Other products that fall under a statutory exception to the right of withdrawal.

8.12. The mere fact that a product is specially ordered for a customer from a supplier or is not kept in stock as standard does not automatically mean that the right of withdrawal lapses.

8.13. The right of withdrawal does not apply to purchases that the consumer makes directly in a physical store, unless otherwise agreed. Statutory rights regarding defective products always remain.

8.14. The right of withdrawal also applies to agreements concluded remotely via, for example, email or WhatsApp, provided that it is an agreement to which the statutory rules for distance selling apply.

8.15. Business customers have no statutory right of withdrawal, unless otherwise agreed in writing.

Article 9 – Personalized products and custom-made products

9.1. MagicDarts offers, among other things, personalized dart shirts and other products that are specially manufactured or printed at the customer's request.

9.2. The customer is responsible for correctly providing texts, names, images, logos, sizes, and other desired specifications.

9.3. The customer declares that they are entitled to use the provided images, logos, and other materials and that no third-party rights are thereby infringed.

9.4. MagicDarts is not responsible for errors in files, texts, or images provided by the customer, provided that they have been processed in accordance with the provided data.

9.5. Minor deviations in color, position, or finish inherent in the production or printing process may occur. This does not automatically mean that there is a defect.

9.6. For products that have actually been personalized or manufactured according to the customer's individual specifications, no statutory right of withdrawal applies, as stipulated in Article 8.11.

9.7. This exception does not apply when a personalized product is damaged, incorrectly produced, or otherwise delivered not in accordance with the agreement.

9.8. If applicable, the customer will receive a design for approval in advance. After approval, MagicDarts is not responsible for errors that were clearly visible in the approved design.

9.9. Statutory rights regarding non-conforming or defective products remain in full force and effect.

Article 10 – Warranty and statutory conformity

10.1. MagicDarts stands by the fact that the delivered products meet the agreement and the reasonable expectations that the consumer may have of them.

10.2. The statutory warranty applies to all consumer products. This means that a product must do what the consumer may reasonably expect it to do.

10.3. The statutory warranty has no fixed general term, but depends on the type of product, its characteristics, and its expected lifespan.

10.4. Any additional manufacturer warranties or commercial warranties apply alongside the statutory warranty and do not detract from the consumer's statutory rights.

10.5. The warranty does not apply to defects that have arisen due to, among other things:

• Normal wear and tear.

• Incorrect or improper use.

• Damage caused by the customer.

• Incorrect assembly or installation by the customer.

• Changes or repairs by unauthorized third parties.

• Failure to follow the included usage or maintenance instructions.

10.6. If a product does not meet the agreement, MagicDarts will respect the customer's statutory rights. Depending on the situation, this may mean that the product is repaired or replaced free of charge, or that the customer is entitled to a price reduction or rescission of the agreement.

10.7. The customer is requested to report a defect to MagicDarts as soon as possible after discovery, preferably with photos or a clear description. Statutory reporting and limitation rules remain applicable.

10.8. Returns due to a defect covered by the statutory warranty are at the expense of MagicDarts.

Article 11 – Safety and liability

11.1. MagicDarts takes care in the sale of high-quality dart products and related products.

11.2. Dart arrows are equipped with sharp points and must only be used in a safe and suitable place.

11.3. The customer is responsible for the careful and safe use of the purchased products and must follow the accompanying safety instructions.

11.4. MagicDarts is not liable for damage caused by improper use, careless use or failure to follow safety instructions, to the extent that such damage can be legally attributed to the customer.

11.5. MagicDarts is not liable for indirect damage, consequential damage or lost profits, to the extent that such exclusion is permitted by law.

11.6. Any limitation of liability applies only to the extent that it is permitted under applicable law.

11.7. Nothing in these terms excludes liability for intent, willful recklessness, personal injury or other cases in which liability cannot be excluded by law.

11.8. The statutory rights of consumers, including rights based on product safety and product liability, remain fully in force.

Article 12 – Complaints and disputes

12.1. MagicDarts strives to provide good service and to handle complaints carefully.

12.2. Complaints about orders, products or services can be reported via info@magicdarts.nl or via WhatsApp on 06 170 180 69.

12.3. The customer is requested to describe the complaint as clearly as possible and, if relevant, to include photos and the order number.

12.4. MagicDarts strives to respond substantively to complaints within 14 days of receipt.

12.5. If a complaint requires more time to be investigated, the customer will receive a message within this period with an indication of the further handling.

12.6. Filing a complaint does not affect the customer's statutory rights.

12.7. If a dispute cannot be resolved through mutual consultation, the dispute may be submitted to the court competent under the law.

Article 13 – Intellectual property rights

13.1. All intellectual property rights relating to the website magicdarts.nl, including texts, images, logos, designs, graphic elements and other content, are vested in MagicDarts or the respective rights holders.

13.2. It is not permitted to copy, publish, distribute or commercially use material from the website without prior written permission from MagicDarts.

13.3. The purchase of a product does not give the customer any ownership rights to the intellectual property rights vested in the product or the design.

13.4. Brand names and logos of manufacturers remain the property of the respective rights holders.

Article 14 – Privacy and personal data

14.1. MagicDarts processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation.

14.2. Personal data is processed for, among other things:

• Processing and delivering orders.

• Processing payments.

• Maintaining customer contact.

• Handling questions, complaints and returns.

• Complying with statutory obligations.

• Marketing purposes, provided that a valid legal basis exists for this.

14.3. For the execution of orders, personal data may be shared with necessary service providers, such as payment services, carriers, hosting parties and other involved service providers.

14.4. MagicDarts does not sell personal data to third parties.

14.5. More information about the processing of personal data is included in the separate privacy policy on magicdarts.nl.

Article 15 – Force majeure

15.1. Force majeure means any circumstance beyond the reasonable control of MagicDarts that makes performance of the agreement temporarily or permanently impossible.

15.2. This may include, among other things: natural disasters, fire, war, government measures, disruptions in transport or communication systems, strikes, serious delivery problems and other unforeseen circumstances.

15.3. In the event of force majeure, MagicDarts will inform the customer as soon as possible.

15.4. If performance becomes impossible due to force majeure or is unreasonably delayed, MagicDarts will seek a suitable solution in consultation with the customer. The statutory rights of consumers remain fully in force.

Article 16 – Amendment of the general terms and conditions

16.1. MagicDarts reserves the right to amend or supplement these general terms and conditions.

16.2. The most current version is always available on magicdarts.nl.

16.3. Amendments do not apply retroactively to already concluded agreements, unless this is permitted by law or the customer agrees to this.

Article 17 – Applicable law

17.1. Dutch law applies to all agreements between MagicDarts and the customer.

17.2. For consumers, this choice of Dutch law does not affect the mandatory consumer protection that may apply under the law of the country of their habitual residence.

17.3. Disputes shall be submitted to the court competent under applicable law.

17.4. The Dutch text of these general terms and conditions is authoritative, to the extent permitted by law.

MagicDarts
W. Vrijlandtstraat 36A
3262 GN Oud-Beijerland
Netherlands

WhatsApp: 06 170 180 69
Email: info@magicdarts.nl
Chamber of Commerce: 63865599
VAT: NL855432883B01

Website: https://magicdarts.nl

© MagicDarts – All rights reserved.