Terms and Conditions

Terms and Conditions

I. Scope

We process your order according to the Terms and Conditions (T&C) valid at the time of your order. The current version of the T&C is available on our website at www.my-magicshop.com/agb under “AGB”. In case of doubt, the version published online applies. We expressly reserve the right to make changes and amendments. Conflicting T&C shall not become part of the contract.

I.I Information about Products and Services

This information is compiled by the seller in a clear and customer‑friendly manner. Products and services in the online shop are valid only as long as they are visible on the website and while stocks last. The images in our shop serve for illustration purposes only and are non‑binding.

The seller places great importance on maintaining accurate availability information. All delivery time indications are without guarantee.

II. Prices

All prices (unless otherwise stated) include VAT and exclude shipping costs.

III. Conclusion of Contract

The contract is concluded when we accept your order through our order confirmation. Receipt and acceptance of the order are confirmed to the customer via email. If you provided an email address during your order, the contract is concluded upon receipt of the automatically generated order confirmation. This confirmation does not guarantee that the product is actually available and can be delivered. It merely confirms that the order has been received and the contract has been formed.

If delivery becomes impossible according to section 4, the contract is immediately and automatically dissolved. The customer will be informed immediately. If payment has already been made, the amount will be refunded immediately. The seller is not obliged to provide a replacement delivery.

IV. Delivery, Shipping Costs and Customs Duties

1. We are entitled to make partial deliveries if part of the ordered goods is temporarily unavailable and this is reasonable for the customer. Additional shipping costs are covered by Magicshop AG.
2. For orders with a value of 70 EUR or more, we ship free of charge to Germany, Austria, and Switzerland; for deliveries to other countries, higher shipping costs apply.
3. For deliveries outside the European Union, import duties (customs) may apply; these must be borne by you.
4. Letter shipments are sent without tracking.

V. Payment Terms

1. We accept the following payment methods: PayPal, credit card, prepayment, Twint. For refunds via PayPal, credit card, or Twint, a 5% transaction fee will be deducted.
2. Offsetting and rights of retention are excluded unless your counterclaim is undisputed or legally established.

VI. Retention of Title

1. For consumers, we retain ownership of the purchased goods until full payment of the invoice amount. If you are an entrepreneur acting in the course of your commercial or self‑employed professional activity, a legal entity under public law, or a special public fund, we retain ownership until all outstanding claims from the business relationship have been settled. The corresponding security rights are transferable to third parties.
2. You may only offset claims that are legally established, undisputed, or acknowledged by us. You have a right of retention only if your counterclaim is based on the same contractual relationship.
3. If the customer is in default with any payment obligations, all outstanding claims become immediately due.

VII. Special Provisions

1. Items ordered on pre‑order will only be shipped together with the complete order.
2. Price information is without guarantee.
3. Products requiring batteries are generally delivered without batteries. If batteries are included, we assume no warranty for them. We recommend replacing them with new ones.
4. For deliveries that are not collected, a fee of 10 EUR will be charged as a prepayment. If an order is cancelled due to non‑collection, the 10 EUR fee will be deducted from the credit note.

VIII. Liability

Claims for damages against the seller and its assistants are excluded to the extent permitted by law. Liability for indirect or consequential damages arising from use, malfunction, or failure of performance is excluded.

This exclusion also applies to all types of direct and indirect damages (including personal injury, property damage, and pure financial loss) caused by improper or incorrect use of the product by the customer.

IX. Data Protection

You consent to the storage, processing, and use of the personal data transmitted with your order for the purpose of fulfilling your order.

X. Returns

There is no general right to exchange or return products (see also sections XI and XIII). Products must be checked for completeness and functionality within 14 days so that an exchange can be made in case of a justified complaint.

If a product is defective or faulty, we offer a free replacement. If no replacement is available, we will refund the amount. Please use the return form for this.

Returns are made at the customer’s expense and risk. Returns must be registered in advance via our form. Unapproved returns will not be accepted. Refunds are issued as store credit. There is no general right to payout/refund.

For electronic magic products, statutory warranty is excluded; any warranty cases must be clarified with the manufacturer. Any support or repairs provided by us will be charged.

XI. Returns (Special Rules)

Magic products fall under the category of “secret sale”. Opened packaging and read instructions of magic tricks result in a purchase obligation and exclude returns.

Products must be in new and original packaging.

We do not accept returns for:

• Books
• DVDs
• Downloads
• Gift vouchers
• Discounted items
• Magic products where the instruction (video link, manual, etc.) is an integral part of the product (to protect the creator’s copyright)
• Software products

Return shipping costs must be borne by the customer.

Return address: https://www.my-magicshop.com/warenr%C3%BCcksendungen

XII. Applicable Law and Jurisdiction

Jurisdiction is St. Gallen, Switzerland. Swiss law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is fully excluded.

XIII. Withdrawal Policy

We generally do not grant a right of withdrawal. However, we are willing to review each case individually and may accept a withdrawal under certain circumstances.

Returns must always be agreed with us in advance. Unannounced returns will not be accepted under any circumstances. Unauthorized returns will be stored for 6 months and then disposed of.

Withdrawal consequences:   In the event of an accepted withdrawal, both parties must return the received goods and payments.

Withdrawal must be sent to:

Magicshop AG Staudenäckerstrasse 62 9403 Goldach, Switzerland Tel: +41 (0) 71 511 23 48 info@my-magicshop.com