Article 1 – Definitions
- Magic Merchroom: located at Vreebos 3, 2716JN, operating under the name Magic Merchroom VOF.
- Fan: any natural person who enters into an agreement with an Artist through the Platform provided by Magic Merchroom.
- Platform: the online service provided by Magic Merchroom that enables Artists to offer and sell their merchandise to Fans.
Article 2 – Applicability
- These general terms and conditions apply to all purchases and services accessed by Fans through the Platform.
- By using the Platform, the Fan agrees to these terms.
Article 3 – Offer and Agreement
- All offers on the Platform are non-binding until an order is placed by the Fan.
- An agreement is formed when the Fan successfully completes a purchase on the Platform.
Article 4 – Delivery
- Magic Merchroom collaborates with external suppliers and Artists to produce and deliver merchandise.
- The expected delivery times are indicated with each product. If the delivery substantially exceeds the expected delivery time, the Fan has the right to cancel the purchase.
Article 5 – Prices and Payments
- Prices displayed on the Platform include VAT but exclude shipping costs.
- Payments must be made immediately at checkout using the payment methods offered on the Platform.
Article 6 – Right of Withdrawal
- Fans have the right to withdraw from the purchase within 14 days after receiving the merchandise without giving any reason.
- To exercise the right of withdrawal, the Fan must inform Magic Merchroom of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).
Article 7 – Returns and Refunds
- Fans have the right to withdraw from the purchase within 14 days after receiving the merchandise without giving any reason.
- To exercise the right of withdrawal, the Fan must inform Magic Merchroom of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).
- Merchandise can only be tried on and must not be worn beyond this. Merchandise may be tried on for fit but must not be used for any extended period. Magic Merchroom reserves the right to refuse returns if the merchandise is found to be damaged, worn beyond mere fitting, or otherwise in a condition that suggests use beyond what is allowed.
- Upon receiving notification of withdrawal, Magic Merchroom will send the Fan instructions for returning the merchandise. After receiving these instructions, the Fan must return the merchandise without undue delay and in any event not later than 14 days from the day on which the instructions were sent.
- The Fan is responsible for the direct cost of returning the merchandise. Fans are also responsible for the shipment until it reaches the Artist. Magic Merchroom is not liable for any loss or damage to the merchandise while in transit during a return.
- Upon receiving the returned merchandise, the purchase price will be refunded to the Fan using the same means of payment that was used for the initial transaction, unless expressly agreed otherwise.
Article 8 – Liability
- Magic Merchroom is not liable for any damage that may occur from the misuse of the merchandise purchased through the Platform.
- Magic Merchroom acts as an intermediary platform and is not liable for issues directly related to the quality, safety, or legality of the merchandise produced and sold by the Artists.
Article 9 – Intellectual Property
- All intellectual property rights associated with the merchandise belong to the respective Artists or their licensors.
- Fans are not permitted to reproduce, modify, or use the designs found on the merchandise for any commercial purposes without explicit permission from the rightful owner.
Article 10 – Miscellaneous
- Magic Merchroom reserves the right to modify these terms and conditions at any time. The most current version will always be available on the Platform.
- Dutch law applies to these terms and conditions. Any disputes related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Netherlands.
- If any provision of these terms and conditions is found by a court or other competent authority to be invalid or unenforceable, this shall not affect the validity of the remaining provisions which will continue to be in full force and effect.