Skip to main content

General Terms and Conditions – Magika Experience

These general terms and conditions govern the contractual relationship between the customer and Mrs. Gloria Barracato, a self-employed sole trader operating under the commercial name Magika Experience and registered with the Belgian Crossroads Bank for Enterprises under number 0725.299.979;

Hereinafter referred to as the “Company”;

The term “Customer” refers to any person, individual or company, using the services or purchasing the products of the Company.

Article 1 – General Provisions

§1. These general terms and conditions govern the contractual relationship between the Customer and the Company.

§2. The Company operates an online store hosted on the website https://magikaexperience.com (hereinafter referred to as the “Website”).

§3. The Company notably offers online sales of products such as original artworks (paintings, photographs, sculptures, personalized works, etc.) or limited editions.

Each artwork includes:

  • a description;
  • non-contractual visuals.

The Customer is informed that slight differences may exist.

§4. These general terms and conditions apply to all purchases made by the Customer on the Website. They apply both to sales made in Belgium and abroad via the Website and govern the entire contractual relationship between the Company and the Customer, from order placement to payment and delivery.

§5. These general terms and conditions prevail over any other general or specific terms and conditions. They may be modified at any time by the Company. In such case, the Company undertakes to inform the Customer, and the amended general terms and conditions shall automatically apply to any subsequent online purchase made by the Customer on the Website.

Article 2 – Online Purchase Procedure and Prices

§1. The Website operates as follows:

  1. The Customer connects to the Company’s Website and selects items to place in their shopping cart. In doing so, the Customer expresses the intention to place an order.
  2. After registration, the Customer enters their delivery and billing details. The total amount of the order, including all taxes and shipping costs, is displayed.
  3. After receiving a complete summary of the order, the Customer confirms the intention to proceed to payment and accepts these general terms and conditions of sale.
  4. The Customer is transparently redirected to the [payment module] website, where payment preferences and settings are entered. Information relating to the bank card used is not known to the Company. Confidentiality of information is therefore guaranteed. Transaction fees are borne by the Company.
  5. Payment is requested from the relevant financial institution.
  6. The Customer receives the transaction result by email, which may then be printed and kept as valid proof.
  7. The Company processes the order and ships the artwork in accordance with these general terms and conditions. Any modification requested by the Customer after validation of the order may result in an adjustment to the order and, where applicable, to the total price.

§2. In all cases, products placed in a cart or ordered online remain the property of the Company until full payment has been received.

§3. The Customer remains solely responsible for their contact information. The Customer must ensure that any necessary modifications are made on the Website, for example in the case of a new email address, in order to allow the proper completion of step 6.

§4. The prices displayed on the Website are valid on the date of consultation and may be subject to change. The final price is communicated to the Customer at the time the sale is confirmed on the Website.

The prices of artworks are indicated in euros (€), including all taxes (VAT included), unless otherwise stated.

The following are not included in the price:

  • delivery costs;
  • any customs duties or taxes applicable in the event of delivery outside the European Union.

These costs are clearly indicated to the Customer before final validation of the order.

The prices displayed on the Website are valid at the time of consultation and may be modified at any time.

The applicable price is the one communicated to the Customer when the order is confirmed.

§5. The Website has been created with the utmost care. Its purpose is to present the products offered by the Company. The information provided on the Website may evolve. Consequently, the Customer is invited to verify any information in their possession before making contact. Under no circumstances shall the Company be contractually bound by information made available on the Website.

§6. By validating the order, the Customer declares that they are at least 18 years old and legally capable of entering into a contract. Failing this, the Company cannot be held liable.

Article 3 – Customer Agreement and Contractual Documents

By validating the order, the Customer signifies their intention to conclude a purchase contract subject to these general terms and conditions. The Customer further certifies that all information provided concerning them is accurate and valid. Under no circumstances can the Company be held liable for errors in this regard.

Article 4 – Discounts

Discounts or rebates may be granted to the Customer. Where applicable, a specific code may be entered on the Website.

Such discounts or rebates do not constitute any right on the part of the Customer. They are granted in consideration of the professional relationship existing between the Company and the Customer and/or the quantities of products ordered.

Furthermore, these discounts or rebates are strictly linked to the relevant order and may under no circumstances be generalized.

Article 5 – Cancellation of an Order by the Company

§1. As the artworks offered for sale on the Website are unique works or limited editions, their availability cannot be guaranteed in real time.

§2. In the event of cancellation of an order by the Company for reasons beyond its control, particularly in the event of unavailability of the ordered artwork (simultaneous sale, withdrawal by the artist, stock error, or any similar cause), the Company shall inform the Customer as soon as possible.

§3. In such case, the Customer may choose between:

  • a full refund of the amounts paid, which shall be made as soon as possible and no later than fourteen days following notification of the cancellation;
  • or, if the Company is able to offer it, the acquisition of an artwork of similar nature and value.

§4. The Company cannot be held liable for the unavailability of an artwork insofar as it is unique or limited in nature.

Article 6 – Delivery Times and Methods

§1. Artworks are delivered to the delivery address indicated by the Customer when placing the order.

The Customer is solely responsible for the accuracy of the information provided in this regard.

§2. Delivery times are:

  • variable depending on the artwork ordered and the destination;
  • communicated to the Customer prior to validation of the order.

These deadlines are provided for information purposes only. The Company undertakes to use all reasonable means to comply with the announced deadlines.

§3. Delivery is carried out either by a specialized carrier, particularly for fragile or valuable artworks, or by a postal service or logistics provider.

The choice of delivery method is determined by the Company according to the nature of the artwork and the destination.

§4. In accordance with applicable legislation, the risks of loss or damage to the artwork are transferred to the Customer when the Customer, or a third party designated by them, physically takes possession of it.

§5. The Customer must check the condition of the package at the time of delivery. In the event of any apparent anomaly (damaged or opened package, missing or damaged product), the Customer must:

  • make precise and justified reservations with the carrier;
  • inform the Company as soon as possible.

Failing reservations made under the required conditions, the delivery shall be deemed compliant.

§6. In the event of a delivery delay, the Customer may contact the Company in order to obtain information regarding the status of the order. Unless mandatory legal provisions provide otherwise, a reasonable delay shall not give rise to cancellation of the order or the granting of damages.

Article 7 – Right of Withdrawal

§1. The Customer acting as a consumer has a withdrawal period of fourteen days from the day on which the Customer, or a third party other than the carrier designated by them, physically takes possession of the goods.

§2. To exercise the right of withdrawal, the Customer must notify the Company of their decision before the expiry of the aforementioned period by means of an unambiguous statement (for example by email or letter). The Customer is invited to specify the information necessary to identify the relevant order.

§3. The Customer must return the items to the Company without undue delay and no later than fourteen days following communication of the decision to withdraw.

The items must be returned in their original condition, complete and in appropriate packaging. The Customer is responsible for any depreciation resulting from handling other than that necessary to establish the nature and characteristics of the goods.

In accordance with applicable legislation, the right of withdrawal cannot notably be exercised for artworks made according to the Customer’s specifications or clearly personalized.

§4. The direct cost of returning the items shall be borne by the Customer.

The Company shall reimburse all payments received from the Customer within fourteen days from notification of the withdrawal decision. However, the Company may delay reimbursement until the items have been recovered.

The reimbursement shall be made using the same payment method as that used for the initial transaction, unless expressly agreed otherwise.

Article 8 – Warranty and Defective Products

§1. The artworks sold by the Company benefit from the legal warranties applicable under Belgian law, notably the legal warranty of conformity and the warranty against hidden defects.

§2. The Company is liable for defects of conformity existing at the time of delivery and appearing within a period of two years thereafter.

For artworks, conformity is assessed notably with regard to the description provided on the Website, the essential characteristics of the artwork and its authenticity.

§3. The following are excluded from the warranty:

  • damage resulting from improper handling, lack of maintenance or inappropriate use of the goods;
  • alterations resulting from normal wear and tear or the passage of time;
  • damage caused after delivery by an act attributable to the Customer.

§4. Any lack of conformity must be reported to the Company within a reasonable time from its discovery.

Article 9 – Performance of the Contract

§1. The Company undertakes to perform its contractual obligations diligently and in accordance with these general terms and conditions.

§2. The Company shall use all reasonable means to ensure proper execution of the order, particularly with regard to the processing, preparation and shipment of artworks.

§3. The Company cannot be held liable in the event of non-performance or improper performance of the contract attributable either to the Customer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Article 10 – Limitation of Liability

§1. The Company undertakes to perform its contractual obligations diligently and in accordance with professional standards.

§2. The Company cannot be held liable for:

  • minor differences between the visuals presented on the Website and the delivered artwork, notably due to screen display settings or the artisanal and unique nature of the artworks;
  • information relating to artworks provided by artists where such information proves inaccurate or incomplete;
  • delivery delays attributable to carriers or circumstances beyond the Company’s control;
  • any misuse or improper storage of the artwork by the Customer after delivery.

§3. Except in cases of gross negligence or intentional misconduct, the Company’s liability shall be limited to direct damages, excluding any indirect damages such as loss of opportunity, loss of profits or commercial prejudice.

§4. In all cases, the Company’s liability, if established, shall be limited to the total amount of the relevant order.

Article 11 – Intellectual Property

§1. Intellectual Property of the Website

All elements composing the Website, including notably the domain name, editorial content, texts, images, photographs, graphics, logos and any other element, except content belonging to third parties, are the exclusive property of the Company or are subject to a right of use.

These elements are protected by copyright and, where applicable, by other intellectual property rights.

Any reproduction, representation, modification, distribution or use, in whole or in part, temporary or permanent, for purposes other than those strictly necessary for the use of the Website, is prohibited without the prior written authorization of the Company.

§2. Intellectual Property of the Sold Artworks

The artworks offered for sale on the Website remain protected by copyright. The purchase of an artwork does not entail any transfer of the intellectual property rights attached thereto.

Consequently, the Customer notably undertakes not to reproduce the artwork, commercially exploit it or publicly distribute it without the prior authorization of the artist or rights holder.

Article 12 – Personal Data

§1. Any personal data concerning the Customer as defined by European Data Protection Regulation 2016/679 (GDPR) shall be processed in compliance with said Regulation.

Such data are processed and stored solely for the proper execution of the contractual relationship between the parties and shall under no circumstances be transmitted to third parties for any other purpose.

§2. The data retained by the Company are as follows:

  • surname;
  • first name;
  • address;
  • email address;
  • telephone number.

§3. The Customer has the right to:
(i) object, upon simple request and free of charge, to the processing of personal data for serious and legitimate reasons, unless such objection makes the proper execution of the contractual relationship impossible;
(ii) access free of charge the data concerning them retained by the Company and obtain rectification of incomplete, inaccurate or irrelevant data;
(iii) request deletion of data concerning them insofar as retention is not imposed on the Company by legal obligation;
(iv) request portability of their data held by the Company to a third party;
(v) withdraw, where applicable, consent at any time where processing is based solely on consent.

§4. Any request concerning the above must be addressed in writing to the registered office of the Company by post or by email at barracato_gloria@hotmail.com.

§5. The Company may disclose personal information to third parties upon request by any legally authorized authority. The Company may also disclose such information if required in good faith to comply with laws and regulations or to protect or defend its rights or property.

Article 13 – Nullity

The possible nullity of one provision of these general terms and conditions shall in no way affect the validity of the entirety of these general terms and conditions.

Should a clause be declared void, the parties undertake to conclude a clause having a similar effect and to insert it into these general terms and conditions.

Article 14 – Application of Belgian Law

These general terms and conditions, as well as any dispute concerning their validity, interpretation or execution, are governed by Belgian law.

All matters not specified in these general terms and conditions shall be governed by Belgian law.

Article 15 – Dispute Resolution and Competent Courts

In the event of a dispute, mediation between the Company and the Customer shall be preferred.

However, if no agreement can be reached, the competent courts shall be those of the judicial district of the Company’s registered office.