Terms and conditions

1. Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are MAGICBABY LIMITED a company registered in England and Wales under number 07003666 whose registered office is at Unit 7 Brookfields Way, Rotherham,South Yorkshire, S63 5DL withemail address [email protected]; telephone number +44(0) 130 295 3872; (the Supplier or us or we).
  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an Order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
  3. We retain and use all information strictly under the Privacy Policy. Please read the Privacy Policy. By using the Website, you consent to the processing of your personal data and you confirm that all data provided by you is accurate and that if it changes, you will tell us promptly.

2. Interpretation

The following definitions apply in these Terms and Conditions:

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website www.venicci.co.uk on which the Goods are advertised.

3. Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

4. Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. Your consent for us to process your personal data is voluntary but failure to grant the consent to the personal data processing makes it impossible to register and shop in the online shop. Any information about personal data processing is available in the Privacy Policy.
  3. You may agree to the processing of your personal data and entrusting of the data to a third party to receive commercial information from us e.g. about special offers. Any information about this is available Privacy Policy.

5. Basis of Sale

  1. We sell Goods through an organized online store via the Internet. The Goods are currently available for sale. In exceptional situations, e.g. when multiple Clients have placed an order for the same Goods at the same time, it is possible that the Goods will not be available. In such a situation the Client shall be informed about the lack of possibility to fulfill the Order at the e-mail address indicated by the Client.
  2. Orders are accepted through the Website. Information placed on the Website does not constitute an offer to conclude a contract within the meaning of the Civil Code.
  3. The Goods in the online shop are specifically marked. The Website includes information about the features of the products, their prices, and materials of which they are made.
  4. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  5. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You should ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  6. Any quotation is valid for a maximum period ofdaysfrom its date, unless we expressly withdraw it at an earlier time.
  7. No variation of the Contract, whether about description of the Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  8. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

6. Price and Payment

  1. The prices in the online shop stated in British pounds are gross prices, inclusive of the VAT.
  2. The price of the Good is increased by the shipping cost, which depends on the selected shipping and payment method.
  3. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  4. The price specified on the Website at the moment of placing the Order is the final price, binding both upon the Customer and the Supplier. Once the Order is placed, the price will not change, notwithstanding any price adjustments made by the us and regardless of any special offers or clearance sale campaigns.
  5. We reserve the right to change the prices of the Goods available in the online shop, launch new products, launch and cancel special offers on the shop’s websites or change them in line with the applicable laws.
  6. We accept quick transfers made through card payment through …. or online transfers through PayPal The payment operation takes place between the Customer and the selected payment operator.
  7. We do not accept traditional transfers, so the Customer will not receive any account number to which they can transfer the money e.g. at a post office.
  8. Payment card: The Customer must have a card that allows them to make online payments. Payment by card is made through ….. The payment operation is made between the Customer and the operator of the Customer’s card.

7. Order placement

  1. The Customer, ordering the Goods, selects them by adding them to a cart, specifying in particular the quantity, colour, and if necessary, providing other specific information required for the Goods. The Goods shall be transferred to the cart, which is visible after clicking on the cart icon in the bar at the top of the Website. By clicking on the cart, the Customer launches a page showing all the Goods in the cart.
  2. When placing an Order, the Customer has the possibility of modifying the selection of the Goods and other data entered by him/her. For this purpose, you should be guided by the messages displayed on the Website and other information available on the site.
  3. After choosing the method and address of delivery and entering all the necessary data (including data for invoice, if any), you need to choose a method of payment.
  4. After providing the Customer all the necessary data, a summary of the Order will be displayed. Summary of the Order will contain information on: the subject of the order, the unit price of the goods and the total price of the ordered goods, delivery costs and other additional costs (if any), the chosen method of payment, the chosen method of delivery, the expected date of the contract and delivery time.
  5. The Customer places an Order by clicking the “place order” button. Placing an Order constitutes a declaration of will to conclude a Contract of sale of the Goods indicated in the content of the Order under conditions specified in these Terms and Conditions.
  6. If the payment is not received by us, the Order will be considered as improperly made and thus the Contract will not come into effect, and the Order will not be realized.
  7. Immediately after submitting the Order, we will send an order confirmation to the e-mail address provided by the Customer, which includes the order number and a final confirmation of all the essential elements of the Contract. The Contractis considered concluded at the moment of receiving by the Customer the e-mail confirming the Order.

8. Delivery

  1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any contract, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. In the absence of the Goods in stock or inability to fulfill the Order for any other reason, the Customer shall be informed via e-mail or telephone of the problems with order fulfillment and possible solutions.
  3. If the Customer chooses online payment as a method of payment, Order processing begins after 100% of the amount due for the Order has been credited to our account or to the account of the intermediary entities, and from that moment the time limit for shipment of products to the Customer begins.
  4. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  5. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  6. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

9. Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

10. Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 30 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
  3. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  4. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  5. To exercise the right of rescission, the Customer must submit a clear notice of rescission to Venicci using one of the following channels:
    • by e-mail to: [email protected]
    • by printing, filling in and sending the contract rescission attached to this Terms and Conditions form, however, this is not a mandatory method.
  6. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.venicci.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
  7. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    • the Goods that are made to your specifications or are clearly personalised;
    • the Goods which are liable to deteriorate or expire rapidly.
    • in the case of any sales contract, if the Goods become mixed inseparably (according to their nature) with other items after delivery.
  8. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  9. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
  10. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    • 14 days after the day we receive back from you any Goods supplied, or
    • (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  11. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  12. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

11. Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 7 Brookfields Way,Rotherham, South Yorkshire, S63 5DL without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

12. Conformity and Guarantee

We shall be liable under warranty for the Goods on the terms and for the period of time indicated on the website https://www.venicci.co.uk/

13. Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

  • the party will advise the other party as soon as reasonably practicable; and
  • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

14. Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.venicci.co.uk/privacy-policy).

15. Liability

  1. We do not exclude liability for:
    • any fraudulent act or omission; or
    • for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
  2. Subject to this, we are not liable for:
    • loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
    • loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

16. Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints in the following way: In case of complaint about your online purchase, you may contact us by email at [email protected] or write to us at:

MAGICBABY LTD
Unit 7 Brookfields Way,
S63 5DL Manvers Rotherham,
United Kingdom.

MODEL CANCELLATION FORM

To MAGICBABY LIMITED, Unit 7 Brookfields Way, Rotherham, South Yorkshire S635DL
Email address: [email protected]
Telephone number: +44(0) 130 295 3872

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*],
Ordered on [*]/received on [*]
_____________________________________
(date received)

Name of consumer(s):

Address of consumer(s):


_____________________________________
Signature of consumer(s) (only if this form is notified on paper)


_____________________________________
Date
[*] Delete as appropriate.