These general terms and conditions of sale apply to all products sold or services provided by MAGIC ELEK. They apply in their entirety to all contracts concluded between MAGIC ELEK and its customers in France or abroad, regardless of the place of delivery. These terms and conditions also apply to EDI, XML, FTP and, more generally, any other current or future electronic exchange. No deviation from these terms and conditions shall be permitted without the express prior consent of MAGIC ELEK. MAGIC ELEK will not be bound by any terms and conditions contrary to these General Terms and Conditions of Sale set forth by the purchaser in his general terms and conditions of purchase or in any other document, regardless of when such terms and conditions may have been brought to MAGIC ELEK’s attention and even in the absence of any protest by MAGIC ELEK against such contrary terms and conditions.


All orders placed with MAGIC ELEK are binding on the customer upon receipt by MAGIC ELEK of a written order form. MAGIC ELEK reserves the right to accept, reject or make reservations within 48 hours of receipt of the order. Acknowledgement of receipt of an order does not constitute acceptance of the order. Only delivery or availability of the product constitutes acceptance of the order. The unavailability of a product due to a stock shortage or its deletion from the catalog will not result in the cancellation of the entire order and will not entitle the customer to any compensation from MAGIC ELEK.


MAGIC ELEK provides its customers, free of charge, with data and information, in particular on its products and on the state of its stocks, and a system for placing orders via its computer system, in accordance with Appendix 1 of these conditions, which the customer declares to have read and accepts without reservation.


Products and services are supplied at the price fixed on the basis of the MAGIC ELEK price list in force at the time the order is received by MAGIC ELEK. Prices are ex-warehouse, excluding VAT and any other taxes which will be invoiced in addition. Shipping costs, which may be modified at any time without notice, are at the customer’s expense. Prices are subject to change without notice and vary according to discounts and rebates applicable on the date the order is received. MAGIC ELEK will inform the customer of the conditions and rates of rebates upon written request.


5.1 Opening an account
All new MAGIC ELEK customers must, prior to placing an order, submit a request to MAGIC ELEK for the account opening questionnaire and return this questionnaire duly completed to MAGIC ELEK by mail or fax, accompanied by a dated, signed, initialed and commercially stamped copy of these general terms and conditions of sale: a bank statement of identity, an original K-Bis extract (less than 3 months old), the company’s SIREN number and APE code. Upon MAGIC ELEK’s approval, the customer account will be opened. The first two orders must be paid before delivery by bank transfer.

5.2 Payment terms
Invoices are payable at MAGIC ELEK’s registered office in such a way that MAGIC ELEK can dispose of the sums due on the due date. Invoices are payable before delivery or on collection by bank transfer, cashier’s cheque or accepted credit card. No cash payments will be accepted. Customers benefiting from a credit line will be entitled to a payment period, the duration of which will depend for each customer on the amount of his credit line and the sales achieved, according to a scale which will be communicated on simple written request from the customer. MAGIC ELEK reserves the right to modify or cancel the credit line granted to the customer at any time and without prior notice.

5.3 Late payment
In the event of payment after the due date shown on the invoice, MAGIC ELEK will demand immediate payment of all outstanding invoices (acceleration). In addition, late payment interest at the conventional rate of 1% per month will be charged for non-payment, without prior notice, from the day following the payment date shown on the invoice, although this amount may not be less than 100 euros. Late payment may also result in the suspension of orders and deliveries in progress and the withdrawal of any possibility of payment terms as mentioned above.


The customer accepts unreservedly to receive MAGIC ELEK invoices exclusively by electronic means, in accordance with article 289 bis of the French General Tax Code. Consequently, the customer expressly declares that he/she no longer wishes to receive paper invoices.


7.1 Terms and conditions
Delivery takes effect at the time of collection of the products by the customer from MAGIC ELEK’s warehouse or at the time of collection of the products by the carrier. The customer agrees to take delivery of the products at MAGIC ELEK’s warehouse at 10 rue de la paix, 75002 Paris from Monday to Friday during opening hours from 10:00 am to 6:00 pm. A power of attorney written on the customer’s letterhead and signed by the manager must be given to MAGIC ELEK by the person collecting the products. The latter must also provide proof of identity.

7.2 Delivery times
The delivery times indicated by MAGIC ELEK are established in good faith and are given as an indication. No compensation will be granted to the customer in the event of failure to meet these deadlines, and no order may be cancelled as a result. In the event of one or more products ordered being out of stock, MAGIC ELEK will proceed with the delivery of existing products. At the customer’s written request, MAGIC ELEK will agree to wait until all the products ordered are available before delivering to the customer, thus avoiding partial deliveries, except in the case of orders for specific products. However, partial delivery may not be deferred for more than 90 days, failing which the customer may cancel the undelivered products ordered free of charge.

7.3 Transfer of risk
The transfer of risk occurs on the date of delivery as defined in point. Consequently, products travel at the consignee’s sole risk.

7.4 Transport costs
Transport costs are defined in a separate schedule which MAGIC ELEK will send to any customer who requests it in writing.

7.5 Receiving products
The customer is responsible for checking the condition of the packaging, the number and contents of the packages, and the condition of the products upon delivery. Consequently, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packaging, broken products, etc.) must be noted by the customer in the form of clear, precise and complete handwritten reservations on the delivery/transport note, in the presence of the carrier. The carrier and the customer will date and sign the reservations. If the carrier refuses to sign the reservations, the customer must also stipulate this in writing on the delivery note. In addition, and in accordance with article L.133-3 of the French Commercial Code, the customer must confirm the anomaly by sending a registered letter with acknowledgement of receipt to the carrier within three days of delivery in order to confirm the said claims. A copy of this letter, as well as a copy of the delivery note containing the reservations, must be sent by post to MAGIC ELEK within 5 days of delivery. The customer is reminded that failure to follow this procedure scrupulously and to respect the deadlines will result in the irrevocable rejection of any request to open a dispute file, and no further recourse will be allowed against MAGIC ELEK. Moreover, refusal of products on delivery by the customer may be considered improper if the customer cannot justify the reality of the anomalies claimed on his delivery note (BL) and on his transport note. In the event of improper refusal of products, MAGIC ELEK may claim a fixed indemnity of €500 from the customer. MAGIC ELEK reserves the right to invoice customers for proof of delivery upon request.

7.6. Direct delivery to an “end customer” (Dropshipment service)
As part of this service, the customer instructs MAGIC ELEK to deliver the ordered products to its own customer (“end customer”) in the name and on behalf of the customer. The order form drawn up by the customer must specify the end customer’s contact details. This service is only provided if the end customer is able to receive the products during working days and hours. The cost of this service, due in addition to transport costs, is defined in a separate schedule communicated by MAGIC ELEK to any customer who requests it in writing. MAGIC ELEK cannot be held responsible for the non-conformity of the delivery with the order placed by the end customer, if this delivery conforms to the order placed by the customer with MAGIC ELEK.

7.7. Additional services
In principle, MAGIC ELEK does not install products, unless otherwise agreed. In the event of an express agreement for MAGIC ELEK to perform one or more of these services, the Customer shall, under its sole responsibility: Provide MAGIC ELEK with free access to the site
– Provide the necessary facilities for prompt installation,
– Unpack and protect products on site,
– Proof of software license authorization for all network operating systems to be loaded by MAGIC ELEK as part of the installation,
– Assume responsibility for the compatibility of application software installed after completion of installation.
These services will be invoiced, in addition, at the rate in force on the order date.


8.1 Companies headquartered in France, in the European Union or outside the European Union.
8.1.1 VAT-free purchase of equipment for a customer whose registered office is located in mainland France, wishing to export products purchased from MAGIC ELEK.
The customer must first apply to MAGIC ELEK’s sales department to open a duty-free account. Prior to any delivery, the customer must send the following documents by registered mail with acknowledgement of receipt only. A photocopy of the annual visa exemption for the current year, issued by the customer’s tax office, which is subject to an ET compliance check – An annual certificate of purchase free of VAT, unencumbered, drawn up in original on the customer’s letterhead. In addition, the customer must mention that he is invoicing VAT-free when placing his order. If any of these conditions are not met, VAT-free invoicing will be definitively refused.

8.1.2 Tax-free purchase of equipment for a customer based in the European Union
The customer must open an account with MAGIC ELEK’s account opening service and accept MAGIC ELEK’s choice of carrier for imperative deliveries outside France. Prior to placing an order, the customer shall request MAGIC ELEK to send him the account opening questionnaire, which he shall return to MAGIC ELEK by post or fax, duly completed, together with a dated, signed, initialled and stamped copy of these general terms and conditions of sale in French, (Upon written request, an English version of MAGIC ELEK France’s general terms and conditions of sale can be sent for information) a bank statement a company certificate of authentication showing the attribution of the company’s intra-Community VAT number a company letterhead.

8.2 Procedure for purchasing tax-free equipment subject to license
All purchases subject to an individual export license issued by the French and European administrative authorities require a 60-day lead time before the order is validated. The customer undertakes to obtain the duly completed “sales obtain end user undertaking EUU form” from the end user and submit it to MAGIC ELEK. Failing this, the order will be cancelled. The customer who wishes to export the products purchased from MAGIC ELEK undertakes to comply with US export and re-export regulations and in particular not to resell the products to customers or in countries subject to restrictions.


All products sold by MAGIC ELEK come with a lifetime warranty.


10.1 Return requests
No return of products will be accepted without the express prior agreement of MAGIC ELEK, which must be informed of the customer’s return request within a maximum of 2 working days from delivery. This claim must be made either on the MAGIC ELEK website, or in writing on the form included in the catalog, and must be returned by fax to the attention of MAGIC ELEK’s support department, and must include the customer’s reference number, the delivery note and invoice number, – the product reference and quantity, the exact reason for the claim, the condition of the product and the product’s serial number, the fax number of MAGIC ELEK’s technical department in the case of a product ordered on the latter’s suggestion. The customer must enclose the following with the returned products: a return number issued by MAGIC ELEK’s support department, which must be clearly visible on the outside of the returned package, a photocopy of the delivery note or the “returns request” form. MAGIC ELEK may only authorize a return in the following cases: in the event of non-conformity of the products delivered with the order form, – in the event of a latent defect within the meaning of Article 1641 of the French Civil Code, such defect to be recognized by MAGIC ELEK, – in the event of delivery of products ordered by the customer, on the advice, confirmed in writing, of MAGIC ELEK’s technical department, when the products do not correspond to the customer’s needs. In the 3 cases mentioned above, MAGIC ELEK will inform the customer whether the product should be returned to MAGIC ELEK or directly to the manufacturer’s authorized service center. In any case, no return of products will be accepted for “consumable products”, for products that have been the subject of a specific order by the customer, as well as for products declared obsolete by MAGIC ELEK. Upon receipt of the customer’s return request, MAGIC ELEK will either agree to the return of the product or give reasons for its refusal to take back the product. Return conditions for licenses specific to each publisher are available on request or on the MAGIC ELEK website.

10.2 Consequences of return
10.2.1 Accepted returns
No returns will be accepted after 8 days from the date of MAGIC ELEK’s express prior agreement. Returns accepted by MAGIC ELEK will give rise to the issue of a credit note, the amount of which will be equal to the MAGIC ELEK price including VAT in force on the day MAGIC ELEK receives the returned products, and within the limit of the amount initially invoiced. Except in the case of products with hidden defects, no credit note will be issued for products whose packaging has been opened or for products that have been installed or tested. The costs and risks of the return will be borne by the customer (MAGIC ELEK advises the customer to take out insurance covering the risks inherent in transport), except in the case of returns exclusively attributable to MAGIC ELEK France. In the latter case, MAGIC ELEK will arrange for a carrier to return the product. The customer must then hand over the product to the carrier and demand and retain proof of delivery of the products to the carrier. MAGIC ELEK reminds you that any customer who is unable to produce this proof of delivery to the carrier will be deemed to still be in possession of the products in question, which must be paid in full to MAGIC ELEK. Any accepted return justified by reasons attributable to the customer will give rise to the invoicing to the customer of an administrative handling fee of 50 euros.

10.2.2 Returns not accepted
If products are returned without the express prior consent of MAGIC ELEK, they will be systematically refused and returned to the sender at the sender’s expense. In this case, the corresponding invoice will of course be paid on the due date. Any risks relating to products returned without the express prior consent of MAGIC ELEK shall be borne by the customer. The present article 11.2.2 shall apply in the event of returns made after the deadline or returns of products whose packaging has been opened or products installed or tested (see Article 7.2.1).


The sale of software and other products does not, under any circumstances, entail the transfer of reproduction, representation, exploitation rights and, more generally, all intangible rights recognized or to be recognized to those who have participated in the creation of software and other products and to their beneficiaries. Consequently, the customer agrees not to broadcast or allow the broadcasting of all or part of the software and other products sold, by any system whatsoever. He also refrains from giving or having given public performances for commercial purposes. More generally, in accordance with the provisions of the French Intellectual Property Code, the software and other products sold are intended exclusively for private use within the so-called “family circle”, and any offender is liable to civil and criminal penalties for counterfeiting. Likewise, the customer may not reproduce, cause to be reproduced or permit the reproduction, even partial, of such software or other products in any manner whatsoever. Violation of these provisions may result in the cancellation of any order, notwithstanding any legal proceedings. MAGIC ELEK reserves the right, for the sale of certain products involving a tax exemption, to require the production of any documents likely to justify such an exemption. The customer is solely responsible for the validity and authenticity of the documents provided.


MAGIC ELEK expressly reserves ownership of the goods delivered until full payment of the price in principal and interest. In the event of non-payment in full of the price of the products in principal and interest, MAGIC ELEK may, at any time, repossess the products from the customer. MAGIC ELEK may also take back unpaid goods from sub-purchasers or demand direct payment from them. The delivery of an instrument creating an obligation to pay, such as a draft or other document, does not constitute payment within the meaning of this article. Until the price has been paid in full, the customer may not pledge the products, exchange them or transfer ownership of them by way of guarantee. As the present retention of title clause does not prevent the transfer of risks to the customer upon delivery of the products, in accordance with article 5.3 above, the customer undertakes to take all necessary care in the custody and preservation of the products and to take out all necessary insurance. Products delivered but not yet paid for in full must be individualized and not mixed with other products. MAGIC ELEK’s right to reclaim the goods shall not be precluded by the opening of insolvency proceedings in favor of the customer. In this case, the purchaser undertakes to actively participate in drawing up an inventory of the goods in stock and of which MAGIC ELEK claims ownership. Failing this, MAGIC ELEK will be entitled to have the inventory recorded by a bailiff, at the customer’s expense. In the event of partial payment, this will be applied first to interest on arrears, and to the least long-standing claims. MAGIC ELEK intends to maintain these terms and conditions for as long as possible. Nevertheless, MAGIC ELEK reserves the right to modify these terms and conditions of sale at any time, without prior notice.


All disputes arising between the parties, even in the event of summary proceedings, warranty claims or multiple defendants, are subject to the jurisdiction of the competent courts of PARIS, under French law. The customer declares that he/she has read and accepts MAGIC ELEK’s general terms and conditions without reservation.


A DPO is appointed through a partner subcontractor of MAGIC ELEK, who has visibility at all times over our methods of executing GRPD rules.


We reimburse or exchange any customer request by written request on our site, in the “Contact” section, then “Returns”, and wait for the return validation response within 48 hours maximum. The customer will have to send upstream his product at his expenses to our company with the reference of validation of his request by e-mail on our website, with reception it will receive the new product or the refunding under 30 working days with our expenses of sendings.

If you have any questions, please contact us at contact@magicelek.com