Terms and Conditions
Preamble
a) http://stores.ebay.co.uk/AnjasMagicBoxNaturalProducts/ is the eBay online shop created and managed by Anja’s Magic Box.
b) The material in this eBay online shop is copyright to Anja’s Magic Box or its content and technology providers. Visitors to or users of the online shop are welcome to view, print and download the contents of the eBay online shop for personal use, but not for any commercial purposes or re-publication.
c) These terms & conditions shall apply to all requests for orders, which concern the supply and delivery of products by Anja’s Magic Box to the buyer, no matter if made through the eBay online shop, on the Web site, per telephone, letter, e-mail or any other means of communication.
d) By placing an order the buyer implies their unreserved acceptance of and abidance by these terms & conditions, acceptance that does not require any written signature.
e) These terms & conditions can be modified at any time by Anja’s Magic Box provided they appear in the eBay online shop. The Terms and Conditions posted in the eBay online shop at the time the buyer places an order will govern the order in question.
Article 1: Integrality
The present terms & conditions regulate the integral relations between Anja’s Magic Box and the buyer, the two parties accepting them without reservation.
Article 2: Purpose
These terms & conditions aim to define the rights and obligations of the parties with respect to the online sales of goods and services, which are proposed to the buyer by Anja’s Magic Box.
Article 3: Contacting Us
You may contact us: by eBay messaging service only (click "contact seller")
Article 4: Information about products/stock
a) In its eBay online shop Anja’s Magic Box displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products they intend to buy before placing a definitive order. If the buyer has further question, they are advised to contact Anja's Magic Box prior to placing an order.
b) The description and specification of products in the eBay online shop http://stores.ebay.co.uk/anjasmagicboxnaturalproducts/ is only approximate and Anja’s Magic Box reserves the right to make changes, which do not materially affect the quality or performance of those products.
c) Anja’s Magic Box may correct any error appearing on its eBay online shop or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
d) Offers presented by Anja’s Magic Box are valid only while stock lasts.
e) The products displayed in Anja's Magic Box' eBay online shop are in conformity with UK legislation in force and the applicable standards in the United Kingdom. Pictures, texts, graphics and characteristics reproduced to illustrate the products displayed on the website are not contractual.
f) Anja’s Magic Box cannot be held responsible for the in-execution of the contract concluded and will not incur any responsibility for all consequential damages caused by unavailability or out-of-stock condition of the product, of cause beyond control, disturbance or strike, in particular of the mail service and means of transport and/or communications, flood, fire. Anja’s Magic Box invites the buyer to print his/her order information or to keep them on a safe informatic support.
g) Anja’s Magic Box rejects any responsibility for text links to other websites that would be contrary to UK legislation.
Article 5: Price and Payment
a) Prices of the products will be the prices quoted in the eBay listing in question at the time when the buyer places their order.
b) Prices are indicated in British pounds (£).
c) Prices will not include the cost of delivery. In addition to the price, the buyer will have to pay delivery charges as stated in the eBay listing in question at the time they place the order - unless the order qualifies for free delivery. The amount of these charges may vary according to the method of delivery and the delivery address specified by the buyer during order checkout. For more information please see the tag “postage and payments” in the listing in question .
e) Prices do include the VAT applicable at the time of the order. Any change of situation shall automatically be reflected in the prices of the products for sale on stores.ebay.co.uk/AnjasMagicBoxNaturalProducts.
Full payment must be made upon ordering, except in case of notified offer. At no time any sums paid may be considered as a deposit or a down payment.
Article 6: Ordering Products
The buyer may order products from the eBay online shop by submitting a completed order form through the checkout procedure.
Article 7: Electronic signature
The last “click” of the buyer on the order form associated with his/her identification on stores.ebay.co.uk/AnjasMagicBoxNaturalProducts constitutes an irrevocable electronic signature, except for the limitations subject to this agreement ("Out of Stock" and "Return policy").
Article 8: Order confirmation
a) The contractual information will be confirmed by e-mail at the address indicated by the buyer and the sending of this e-mail through eBay (whether or not it is received) makes the contract between the two parties.
b) Anja’s Magic Box reminds that it invites the buyer to print their order information or to keep it on a safe informatic support.
c) The conformity of information supplied by the buyer during the checkout procedure depending exclusively on the buyer, Anja’s Magic Box cannot be held responsible for errors of seizures and the possible continuations of these errors in particular as for the problems of deliveries. In the event of delay or of return of the order due to error of seizure, the expenses of forwarding of the products will be the responsibility of the buyer.
Article 9: Payment
a) Payment can be made via eBay's various acceptable payment methods. Any refunds will generally be made by the means that have formerly been used by the buyer for the original payment.
b) The buyer guarantees Anja’s Magic Box that they have the authorizations required to use the chosen method of payment, upon validating the order form.
c) Anja’s Magic Box cannot be made responsible for any fraudulent embezzlements or uses of an unspecified means of payment.
d) Until effective reception of the entirety of the sums which are due, Anja’s Magic Box remains owner of the products.
e) Although every care is taken in the quality of content on the eBay online shop stores.ebay.co.uk/AnjasMagicBoxNaturalProducts, there may occasionally be an error and items may be mispriced. In this event Anja’s Magic Box will either: contact the buyer to ask, if they wish to cancel the order, or simply cancel the order and notify the buyer, at our own discretion. Anja’s Magic Box is under no obligation to supply goods at the incorrect price.
Article 10: Proof of the transaction
The computerized records, kept reasonably safely in Anja’s Magic Box’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.
Article 11 : Availability of products – Out of Stock
a) The order shall be fulfilled within maximum 1 working day, after the day when the buyer placed the order.
If, due to human error, the ordered product is unavailable, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel their order. The buyer may then request a refund within 30 days after the payment date or order a replacement product.
b) In the event of impossibility of replacement, Anja’s Magic Box reserves the right to cancel the order of the buyer and to refund the versed sums.
Article 12: Delivery of products
a) Anja’s Magic Box will arrange for delivery of the products the buyer ordered by the method and to the address which the buyer specified during the checkout procedure. However, the time for delivery will not be essential to the contract between us.
b) If the buyer does not take delivery of the products or supplies adequate delivery instructions, Anja’s Magic Box may cancel their order and retain the products. In this event, Anja’s Magic Box will refund the buyer the price of the products, but the buyer will still be liable to pay any delivery charges.
c) The buyer is responsible to check the physical condition of the goods upon delivery. They shall inform Anja’s Magic Box by eBay message within 72 hours after delivery of any defects noticed.
d) The buyer will be informed by eBay message that their order is to be sent. In case of delay of delivery of more than seven days compared with the date that Anja’s Magic Box indicated in the e-mail, the buyer shall inform Anja’s Magic Box about this via eBay message or e-mail (see seller contact details).
Anja’s Magic Box will then contact the delivery firm in question to start an investigation. Investigations can last up to 21 days. If the parcel is found, it will be immediately redirected to the buyer’s residence.
If the parcel is not found at the end of the investigation, the delivery firm considers the parcel as lost. It is only at the end of this time that Anja’s Magic Box can send the buyer a product of replacement, to Anja’s Magic Box’s expenses. If the ordered products were not available any more at this time, Anja’s Magic Box would refund the buyer entirely.
Article 13: Delivery problems due to carrier
Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product…) shall imperatively be mentioned on the delivery slip in the form of “handwritten reserves” signed by the client.
At the same time, the buyer shall confirm this defect by contacting the seller via eBay messages within 72 hours after the delivery date. Any photographic support the customer can provide at this point will make the claims process with the delivery firm easier and quicker.
Any complaint arrived after this time will be rejected.
Article 14 : Delivery error
a) The buyer shall report within 72 hours after of the delivery, any claim concerning delivery errors and/or non-compliance of the products (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected.
b) The submission of this claim to Anja’s Magic Box shall be exclusively done via eBay message.
c) Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve Anja’s Magic Box of any liability towards the buyer.
d) As soon as Anja’s Magic Box receives the claim, it attributes a number to the return of the product(s) that it communicates to the buyer.
e) Every product to be refunded shall be entirely returned within 30 days after the reception of the agreement of return by Anja’s Magic Box at the address given to the buyer in the order confirmation e-mail. Every return is to be notified to Anja’s Magic Box.
Article 15: Return Policy
a) The buyer is entitled to a cooling-off period in which they may cancel their order by notifying the seller in writing via eBay message at any time up to 30 days after their products have been delivered.
b) The notification shall state their order number and give the reason for cancellation. Returns of any products must be notified to Anja’s Magic Box via eBay message. Anja's Magic Box will confirm the reception of such message, informing the customer of the next step in the returns process.
c) If the buyer cancels their order after Anja’s Magic Box have despatched the products, then the buyer must return the products to Anja’s Magic Box. The products shall be returned in a unused/unworn condition and at the buyer’s own expense. Anja’s Magic Box recommends the use of a Recorded Delivery Service.
d) The buyer can no longer cancel their order once the buyer has opened the product containers or used the products. However, the buyer's statutory rights concerning the quality of those products will be unaffected.
e) All returns notified after the lead mentioned above will not be accepted.
f) Shipping cost for any returned items is the buyer’s responsibility. Once Anja's Magic Box have received notice that the buyer wishes to return an item, Anja's Magic Box will provide all return details necessary, unless otherwise agreed with the buyer.
g) In case of a defective product, the customer will have to make a detailed written description, send detailed pictures of the defect via eBay message and send the item back to Anja’s Magic Box. In this case the cost of return postage would be the seller's responsability.
h) After reception and verification, Anja’s Magic Box will proceed to the exchange or the refund of the item according to the buyer’s choice. The refund will be directly as agreed with the buyer within a delay inferior or equal to 5 working days after the reception of the item/s by Anja’s Magic Box.
Article 16: warranty
Any watches supplied by Anja's Magic Box are covered against manufacturing defects for 12 months from the date of purchase, unless a different warranty is offered by the manufacturer. We warrant that any time piece purchased from us in our shop, online shop or eBay shop with our 12 month warranty is free from any defects of material or workmanship under normal use for the entire period of the warranty. The warranty does not apply to or cover the normal wear to the crystal, crown, case, band, bracelet, cord or strap, and does not protect against moisture or water damage, if the timepiece is not water resistant. The warranty does also not apply to or cover damage or defects which are caused, directly or indirectly, by misuse, abuse, negligence of the user, accident, repairs or alterations not made by us (including battery replacement), or tampering with or opening the watch.
If these aforementioned conditions have been properly adhered to and we have been notified of the defect and the timepiece is brought or mailed to us before the expiration of the warranty period, we shall inspect the timepiece and, if any defect covered by the warranty is present, we shall repair it at no charge. Furthermore postage cost for warranty work will be reimbursed.
We do not cover damage caused to the timepiece while being posted to us for warranty work. Necessary insurance and proper packaging is the sender’s responsibility. If the timepiece suffers damage while being sent by us back to its owner, we will assume responsibility only if we are notified of its condition within 72 hours of the arrival of the timepiece.
If the aforementioned conditions are not adhered to, charges may apply to repair the timepiece and/or postage costs to return the timepiece. Furthermore postage costs to send the timepiece to us will not be reimbursed under these circumstances.
Article 17: Cases of absolute necessity
Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or case of absolute necessity. A fortuitous event or case of absolute necessity shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days following the date it becomes aware thereof. The two parties shall contact each other within a month, unless the case of absolute necessity renders it impossible, in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued.
If the case of absolute necessity lasts more than three months, the aggrieved party shall be entitled to terminate these terms & conditions.
Explicitly, are considered as case of absolute necessities or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the party’s control
Article 18: Partial non-validation
If one or several provisions of these terms & conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.
Article 19: Non renunciation
If one party does not notify a failure by the other party with one of the obligations aimed under the present terms & conditions, it cannot be interpreted for the future as a renunciation of the obligation in question.
Article 20: Title
In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.
Article 21: Governing law
These terms and conditions are subject to UK law. If there is any dispute, the UK Courts will have exclusive jurisdiction. If any dispute or claim arises, the buyer shall preferably turn to Anja’s Magic Box in order to seek a non-adversarial solution.
Article 22: Privacy Policy
When the buyer buys goods and services from Anja’s Magic Box, their details are recorded to ensure that Anja’s Magic Box can:
• Process any order the buyer has placed and send the products to him/her;
• Ensure that the delivery company responsible for delivering the ordered products to the buyer has the means to contact the buyer, if necessary;
• Contact the buyer in emergencies, such as an urgent product recall; or
• Resolve any financial queries.
This data will never be shared with any other business.
In accordance with the UK "Data Protection Act 1998", the customer has a right of access and of correction to his personal data. He can exert this right by sending an message to Anja’s Magic Box via eBay;s messaging system.
However, Anja’s Magic Box would like to use the information the buyer has provided to help make shopping with Anja’s Magic Box easier and to keep the buyer updated with the range of products and services offered. This includes news of events, promotions, offers and product launches. Anja’s Magic Box may contact the buyer by e-mail or post.
Anja’s Magic Box will always give the buyer the option how they want to be contacted and if the buyer does not wish to be contacted by Anja’s Magic Box, they will respect this. The buyer can choose to no longer receive contact by using one of the following methods:
• By clicking on the “unsubscribe” link on the bottom of any of Anja’s Magic Box’s e-mails;
• By contacting Anja's Magic Box via eBay's messaging system; or
• By answering one of these emails, writing in the subject "unsubscribe" .
Article 23: Intellectual property
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the eBay online shop stores.ebay.co.uk/AnjasMagicBoxNaturalProducts including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, are owned by Anja’s Magic Box. You are not allowed to copy or use any material appearing on the eBay online shop for any commercial purpose at all. Any reproduction total or partial of the eBay online shop is strictly prohibited.
Article 24: General
a) The products advertised in the Web Site are intended for sale to persons dealing as consumers and are not for re-sale.
b) The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.
c) For any information and questions, Anja’s Magic Box’s customer service is at the buyer’s disposal via eBay messaging service.
We remind the buyer that they can also follow their online order when they logs in to their account at eBay.co.uk.
