Terms of service

OVERVIEW
Welcome to The Magic Brush! The terms “we”, “us” and “our” refer to The Magic Brush. The Magic Brush operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Magic Brush is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. The Magic Brush reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Magic Brush confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Magic Brush may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Magic Brush, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Magic Brush, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Magic Brush.
The Magic Brush’s names, logos, product and service names, designs, and slogans are trademarks of The Magic Brush or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Magic Brush. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
The Magic Brush is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Magic Brush. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Magic Brush, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Magic Brush.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Magic Brush, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY The Magic Brush, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL The Magic Brush, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Magic Brush, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where The Magic Brush is headquartered. You and The Magic Brush consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at themagicbrushofficial1@gmail.com. 
GENERAL TERMS AND CONDITIONS OF SALE

Last updated: 03/10/2025

ARTICLE 1 — GENERAL PROVISIONS

These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern all transactions carried out on the Operator's website, hereinafter referred to as the "Site Operator." These GTC are available at all times on the website for consultation and may be provided to customers upon request through various means.

Placing an order implies mandatory acceptance of the GTC. The customer confirms this acceptance by ticking a specific box or clicking a dedicated button, thereby acknowledging they have read and accepted the GTC before finalizing their purchase.

Order confirmation by the buyer implies acceptance of the GTC in force on the date of the order. The Operator undertakes to archive and allow reproduction of the GTC for future reference.

ARTICLE 2 — PRODUCT DESCRIPTION

The website offers online sales of the following product(s): Brush(es), referred to as "Product(s)." These products are available to any user, whether an individual or an entity, hereinafter referred to as the "Client."

Each Product is presented with a detailed description, either provided directly by the supplier or accessible via an external link to the manufacturer’s website. This description highlights the essential characteristics of the product. Note that product images on the website are non-contractual. User manuals, if required, are available on the site or provided at the time of delivery. All products offered comply with applicable legal standards in France.

The Client assumes full responsibility for the conditions and consequences of accessing the site, including any costs charged by third parties such as internet service providers. It is also the Client’s responsibility to ensure they have the necessary, secure, and suitable equipment to access and use the site. The Client must ensure their system does not pose security risks and is fit for browsing the site.

ARTICLE 3 — ORDERS PLACED ON THE SITE

The Site Operator undertakes to ensure product availability, but products are offered within the limits of available stock. If a product ordered by the client becomes unavailable despite the Operator’s best efforts, the Client will be informed by email as soon as possible.

The Client will then have the choice between:

  • Receiving a product of equivalent quality and price, or

  • Receiving a refund for the unavailable product, which will be made no later than thirty (30) days after payment.

Aside from the product refund, if the Client chooses this option, the Operator is not obliged to provide any additional compensation for cancellation.

Unless otherwise stated in these GTC and without prejudice to the right of withdrawal provided by applicable law, orders placed by the Client are considered firm and final.

ARTICLE 4 — PAYMENT TERMS

The Client acknowledges that any order placed on the Site constitutes a financial commitment and must be paid for accordingly.

The Site Operator reserves the right to verify the authenticity of the payment before shipping the order using any necessary methods.

The Site accepts various payment methods as listed on the website.

ARTICLE 5 — PRICE AND PAYMENT

Product prices at the time of order are displayed in euros (€) including all applicable taxes (VAT), unless otherwise specified, and excluding delivery and transport charges (unless indicated otherwise).

During promotions, the Operator guarantees that the promotional rate will apply to all orders placed during the announced promotional period.

Payments must be made in euros (€) only. The full amount is payable upon order confirmation. The prices shown include any applicable discounts or promotions. Additional shipping or delivery costs, if applicable, will be added to the product price and clearly indicated before the Client finalizes the order.

The total amount due, along with a breakdown, will be clearly displayed on the order confirmation page.

ARTICLE 6 — FORMATION OF CONTRACT

The contract between the Site Operator and the Client is formed once the Client confirms their order via a so-called “double-click” process: selecting products, reviewing them in the cart, accepting the GTC, and providing payment information.

This “double-click” serves as an electronic signature with the same legal value as a handwritten signature, definitively confirming the Client’s order.

The Site Operator agrees to securely retain records of orders and invoices as reliable proof of the contract. Unless proven otherwise, these records are considered valid evidence of transactions between the Site Operator and the Client.

The Client may cancel their order in writing for reasons such as product non-conformity, significant delivery delay, or unjustified price increase and may request a refund of their deposit with interest. Conversely, the Operator may cancel the order if the Client refuses delivery or fails to complete payment upon delivery.

ARTICLE 7 — RETENTION OF OWNERSHIP

The Site Operator retains full ownership of the Products ordered until full payment is received, including shipping costs where applicable.

ARTICLE 8 — SHIPPING AND DELIVERY

Online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a European Union member country, for deliveries within those same territories.

Delivery refers to the transfer of physical possession or control of the Product to the Client.

Shipping fees are those specified at checkout and are accepted upon order confirmation.

The Operator undertakes to deliver the Products by the stated deadline on the Site, within a maximum of thirty (30) days from the date of order receipt.

Delivery times are given in working days and include order preparation, dispatch, and the carrier's estimated delivery period.

The Operator will ship Products according to the timelines stated on each product page and in the cart, provided the payment was not previously declined.

If one or more Products cannot be delivered within the original timeframe, the Operator will inform the Client by email of the new estimated delivery date.

Products will be delivered to the address provided by the Client. It is the Client’s responsibility to ensure the address is accurate. The Operator cannot be held liable for errors in the provided address causing delivery delays or failures.

Upon delivery, a delivery receipt may be required to be signed.

The Client must inspect the Products upon delivery to confirm they are in accordance with the order and that the parcel is sealed and undamaged. If this is not the case, the Client must indicate any issues on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if no remark is made at the time of delivery.

ARTICLE 9 — RIGHT OF WITHDRAWAL

If a delivered Product does not meet the Client’s expectations, they may return it to the Operator. The Client has fourteen (14) days from the date of receipt to do so.

In accordance with Article L.221-21 of the French Consumer Code and under the conditions outlined in Articles L.221-18 and following, the Client is invited to use the following standard withdrawal form:

Letter to be sent by registered mail with acknowledgment of receipt:

  • First and Last Name

  • Address

  • Zip Code - City

  • To: (Vendor's name and address)

  • Place and Date

  • Subject: Withdrawal

  • "On [order date], I ordered [product description], which you delivered on [delivery date].
    In accordance with Article L.221-18 of the French Consumer Code, I exercise my right of withdrawal.
    Please refund me the amount of €[amount] paid at the time of the order, as required under Article L.221-24.
    I am returning the item(s) as attached."

  • Signature

The Operator will confirm receipt of the withdrawal request by email.

The Client may also withdraw by sending the following information:

  • Full name, mailing address, phone number, and email address

  • Clear statement of their decision to withdraw (e.g., letter, email, fax if available)

  • Use of the standard form is optional.

Return costs are borne by the Client.

Exceptions listed in Article L.221-28 of the Consumer Code apply, including (but not limited to) contracts for:

  • Services fully performed before the end of the withdrawal period

  • Goods made to the Client’s specifications or clearly personalized

  • Perishable goods

  • Sealed goods unsealed after delivery and not returnable for hygiene or health reasons

  • Digital content not supplied on a physical medium where performance began with the consumer’s express prior consent and waiver of withdrawal rights, etc.

Returned Products must be in their original packaging, in perfect resalable condition, unused, and with all accessories included.

The return package must include the Product, a letter with full Client contact details, the order number, and the original purchase invoice.

The Operator will refund the Product amount within fourteen (14) days from receipt of the returned item and all necessary information for the refund. Refunds may be issued using the original payment method. Clients who paid with vouchers/gift cards may be refunded similarly, subject to the Operator's discretion.

By accepting these GTC, the Client acknowledges being informed of the withdrawal terms.

ARTICLE 10 — CUSTOMER SERVICE

The Client can contact the Operator’s customer service:

  • By phone: 0658813078, Monday to Friday from 8 AM to 7 PM

  • By email: themagicbrushofficial1@gmail.com , providing their name, phone number, order number, and the subject of the request.

ARTICLE 11 — INTELLECTUAL PROPERTY AND WEBSITE USAGE LICENSE

The Operator is the sole owner of all elements on the Site, including but not limited to text, files, images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, site structure, and all other intellectual property and data (hereinafter referred to as "Elements"). These are protected by French and international laws and regulations on intellectual property.

Accordingly, none of the Elements on the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, displayed, stored, used, rented, or otherwise exploited, whether for free or for a

ARTICLE 12 — LIABILITY AND LEGAL WARRANTY OF CONFORMITY

12.1 Liability
The Operator cannot be held liable for non-performance of the contract due to the Client, or by reason of an event deemed to be force majeure by competent courts, or due to an unpredictable and insurmountable act of any third party to these terms.

The Operator cannot be held responsible for information uploaded, stored, and/or published on the Site by Clients. The Operator cannot be held liable for any information published by a Client on the Site and for the direct or indirect damages that such use may cause to a third party; the Client who made the publication remains solely responsible in this respect.

The Client acknowledges that the nature and constraints of the Internet do not allow guaranteeing the security, availability, or integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily suspended for maintenance, updates, technical improvements, or for changes in content and/or presentation.

The Operator cannot be held liable for the use made of the Site and its services by Clients in violation of these Terms and the direct or indirect damages such use may cause to a Client or to a third party. In particular, the Operator cannot be held responsible for false statements made by a Client or for his behavior toward third parties. In the event that the Operator’s liability is sought because of such conduct by one of its Clients, the Client agrees to indemnify the Operator against any ruling made against it and to reimburse the Operator for all costs, including attorney’s fees, incurred in its defense.

The Client is fully responsible for all content he or she publishes on the Site, for which they expressly declare to hold all rights, and guarantees the Operator that they will not publish content that infringes third‑party rights—especially intellectual property—or that constitutes a personal rights violation (defamation, insults, etc.), an infringement of privacy, or an offense to order or public morals (e.g. advocacy of crimes against humanity, incitement to hate, child pornography, etc.). In case of violation of applicable laws, good morals, or these Terms, the Operator may automatically exclude the Client concerned and remove the offending content and links. The Operator acts as a host regarding content posted by third parties. In this capacity, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site. If the Operator’s liability is sought in relation to content posted by the Client, the Client agrees to indemnify the Operator against any ruling against it and to reimburse the Operator for all costs, including attorney’s fees.

Beyond any additional warranty (commercial guarantee) that might be granted, Products benefit from the legal guarantee of conformity provided for in Articles L. 217‑4 and following of the Consumer Code, and from the warranty against hidden defects under Articles 1641 to 1649 of the Civil Code.

12.2 Legal Warranty of Conformity
When you act under the legal warranty of conformity (if the product(s) is/are subject to it):

  • you benefit from a period of two (2) years from delivery of the good to bring an action;

  • you may choose between repair or replacement of the good, subject to the cost conditions set by Article L. 217‑9 of the Consumer Code;

  • you are exempt from proving the existence of the defect of conformity of the good during the twenty-four (24) months following its delivery (unless it is a used good).

12.3 Return Procedure
Return procedure: after notification, the Client will receive instructions for return, including the address to which the product should be sent. Products must be returned in their original packaging, complete (accessories, manual, etc.), and preferably accompanied by a copy of the purchase invoice (which can be sent by email).

Return costs: except in the case of defective or non-conforming products, return shipping costs are borne by the Client. If the product is recognized as defective or non-conforming by the Operator, all return costs will be reimbursed to the Client.

Handling returns: upon receipt of the returned products, the Operator undertakes to inspect them promptly and inform the Client of their acceptance. If the return is validated, the Operator will proceed with an exchange or refund of the sums paid, depending on the Client’s choice, within thirty (30) days. This period may be extended if further investigation is required.

Exceptions: unless the product is defective or non-conforming, products returned incomplete or damaged by the Client will not be accepted. The Operator reserves the right to refuse the return if the conditions set forth are not met.

12.4 Warranty for Hidden Defects
You may invoke the warranty against hidden defects (vices cachés) under Article 1641 of the Civil Code. In that case, you may choose between rescinding the sale (resolution) or a price reduction in accordance with Article 1644 of the Civil Code.

Below is a reproduction of Articles L. 217‑4, L. 217‑5, L. 217‑7, L. 217‑9, and L. 217‑12 of the Consumer Code, and Articles 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Terms:

  • Art. L.217‑4, Consumer Code: “The seller delivers a good in conformity with the contract and is liable for conformity defects existing at delivery. He is also liable for defects of conformity caused by packaging, instructions for use or installation when they fall under his responsibility.”

  • Art. L.217‑5, Consumer Code: “A good is in conformity with the contract if:
     1. It is suitable for the use normally expected of a similar good, and, if applicable:
     • it corresponds to the description given by the seller and possesses the qualities the seller presented to the buyer in the form of a sample or model;
     • it possesses the qualities that a purchaser expects legitimately in view of public statements made by the seller, producer, or his representative, particularly in advertising or labeling;
     2. Or it exhibits the characteristics defined by mutual agreement of the parties or is suitable for a special use sought by the buyer known to the seller and accepted by the seller.”

  • Art. L.217‑7, Consumer Code: “Defects of conformity appearing within a period of twenty-four months from delivery are presumed to exist at the time of delivery, except in the case of used goods, where this period is six months. The seller may contest this presumption if it is incompatible with the nature of the good or the defect claimed.”

  • Art. L.217‑9, Consumer Code: “In case of a conformity defect, the buyer chooses between repair and replacement of the good. However, the seller may refuse the choice if it results in a cost manifestly disproportionate compared to the other option, considering the value of the good or the importance of the defect. In that case, he must proceed by the other option unless it is impossible.”

  • Art. L.217‑12, Consumer Code: “The action resulting from a conformity defect is time‑barred after two years from delivery.”

  • Art. 1641, Civil Code: “The seller is bound by the warranty of latent defects in the thing sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have bought it, or would have given a lower price had he known them.”

  • Art. 1644, Civil Code: “In the cases of Articles 1641 and 1643, the buyer may choose to return the thing and be refunded the price, or keep the thing and get a reduction in price.”

  • Art. 1648, first paragraph, Civil Code: “The action resulting from latent defects must be brought by the buyer within two years from discovery of the defect.”

It is recalled that seeking amicable solutions before legal action does not interrupt the limitation periods for legal guarantees nor the duration of any contractual warranty.

ARTICLE 13 — PERSONAL DATA
For more information concerning the use of personal data by the Operator, please carefully read the Privacy Policy (the “Privacy Policy”). You may consult this Privacy Policy on the Site at any time.

ARTICLE 14 — HYPERTEXT LINKS
Hyperlinks available on the Site may direct the Client to third‑party sites not operated by the Operator. They are provided only for the Client’s convenience to facilitate use of Internet resources. If the Client uses these links, he or she leaves the Site and agrees to use the third‑party sites at their own risk or, where applicable, in accordance with their terms of use.

The Client acknowledges that the Operator neither controls nor contributes in any way to the terms of use and/or content of these third‑party sites. Consequently, the Operator cannot be held liable in any way for these hyperlinks. Moreover, the Client acknowledges that the Operator does not endorse, guarantee, or adopt any part of the terms of use or content of these third‑party sites.

The Site may also contain promotional hyperlinks and/or banner advertisements directing to third‑party sites not operated by the Operator. The Operator invites the Client to report any hyperlink on the Site leading to a site with content that might violate law or good morals.

The Client may not use and/or insert a hyperlink pointing to the Site without the Operator’s prior written consent on a case‑by‑case basis.

ARTICLE 15 — REFERENCES
Unless expressly refused, the Client authorizes the Operator to mention the Client’s full name in its communication materials (display of reviews on the website, etc.).

ARTICLE 16 — GENERAL PROVISIONS
ENTIRE AGREEMENT
These General Terms constitute a contract governing relations between the Client and the Operator. They represent the entirety of rights and obligations of the Operator and the Client with respect to their subject matter. If one or more provisions of these Terms is declared null by applicable law, regulation, or final court decision, the remaining provisions shall retain full force and effect. Moreover, one party’s failure to invoke a breach by the other under any provision of these Terms cannot be construed as a waiver of its right to invoke it in the future.

REVIEW PROCEDURE FOR REVIEWS
Objective of verification: The Operator commits to maintaining the integrity and authenticity of reviews published on its site. The procedure ensures veracity and relevance of reviews posted by Clients to provide reliable and transparent information to future buyers.
Publishing criteria: All reviews submitted by Clients will be evaluated prior to publication. Criteria include relevance to the product, absence of inappropriate, discriminatory, or offensive language, and conformity to applicable legal and ethical guidelines.
Verification method:

  • Purchase verification: Only Clients who made a verified purchase may submit a review. The Operator verifies that each review is associated with a real purchase on the site.

  • Moderation by the team: Reviews are moderated by the Operator to ensure compliance with the criteria. The Operator may contact the reviewer to request clarification or additional evidence if needed.

  • Right of reply: The Operator reserves the right to respond to any published review to clarify or correct erroneous information. The reply will be respectful and constructive.

Refusal and removal of reviews: Reviews not meeting publishing criteria may be refused or removed, even after publication if new information indicates that a review no longer meets standards.
Transparency: The Operator commits to displaying all reviews—positive or negative—provided they meet the publishing criteria.

This procedure protects both Clients’ interests and the integrity of the Operator by ensuring that only reliable and authentic reviews influence the reputation of offered products.

BLOCTEL
The Client has the option to register with Bloctel to avoid being solicited by the Operator after the sales contract is closed (order received). To do this, the Client must go to the following website: https://www.bloctel.gouv.fr/.

MODIFICATION OF TERMS
The Operator reserves the right to modify at any time and without notice the content of the Site, its services, or to cease operation of all or part of the Site temporarily or permanently.

Moreover, the Operator reserves the right to change the Site’s address on the Internet and these Terms at any time without notice. The Client is therefore required to refer to these Conditions before using the Site.

The Client acknowledges that the Operator cannot be held responsible in any way toward him/her or any third party for such modifications, suspensions, or cessations.

The Operator advises the Client to save and/or print these Terms for permanent and secure preservation in order to refer to them at any time during the performance of the contract, if needed.

CLAIM — MEDIATION
In case of dispute, you must first contact the company’s customer service at: isoetanche92@gmail.com, telephone 0658813078.

If the claim to customer service fails or no reply is received within ten (10) days, the Client may submit the dispute relating to the order or to these GTC against the Operator to the following mediator:

CM2C.

The mediator will independently and impartially attempt to bring the parties to an amicable solution. The parties remain free to accept or refuse mediation, and in case of mediation to accept or reject the solution proposed by the mediator.

The Client is also informed that he/she may use the Online Dispute Resolution platform (ODR): https://ec.europa.eu/consumers/odr/main/index.cfm

APPLICABLE LAW
These Terms are governed by, interpreted, and applied in accordance with French law.

CLIENT’S ACCEPTANCE OF TERMS
The Client acknowledges having read these Terms carefully.

By registering on the Site, the Client confirms having read and accepted the Terms, binding them contractually to their provisions.

The Terms applicable to the Client are those in force on the date of the order, and a dated copy may be provided to the Client upon request. Thus, any change to the Terms by the Operator does not apply to orders placed beforehand unless expressly agreed by the Client.