Welcome to Premium Magic Store. Below are our Terms and Conditions that apply to all offers, orders and agreements between you (the Customer) and Premium Magic Store. Please read these terms and conditions carefully before using our webshop or physical store.
1. Definitions
Premium Magic Store: The Premium Magic Store, trading under the trade names Frost & bosch and Green Lemon Magic, located in the Netherlands, registered with the Chamber of Commerce under number 95480560 and VAT identification number NL005156050B35.
Customer: Any natural or legal person who enters into an agreement with Premium Magic Store, including both consumers and business customers.
Consumer: A Customer who is a natural person and acting for purposes outside his business or profession.
B2B: Agreements between Premium Magic Store and business Customers.
B2C: Agreements between Premium Magic Store and consumers.
Products: All merchandise (both new and used/auction purchases/Monkey Deals), digital downloads and tickets offered by Premium Magic Store, both through the web shop and in the physical store.
Services: All services (consulting or other) provided by Premium Magic Store in the context of magical products, demonstrations, workshops or related activities.
Parties: Premium Magic Store and the Customer jointly.
2. Applicability
2.1 These general terms and conditions shall apply to all quotations, offers, orders, agreements and deliveries of Products and Services by or on behalf of Premium Magic Store, both in the webshop and in the physical store.
2.2 Deviations or additions to these terms and conditions shall only be binding if expressly agreed in writing between the Parties.
2.3 Notwithstanding any general terms and conditions of the Customer or third parties, the above terms and conditions shall prevail.
3. Quotations and formation of the agreement
3.1 All offers made by Premium Magic Store are without obligation unless expressly stated otherwise.
3.2 A contract is concluded when the Customer places the order definitively and Premium Magic Store has sent the order confirmation by e-mail, or – in the case of requests for quotation – as soon as the Customer has accepted the quotation in writing or electronically and Premium Magic Store has confirmed this in writing or electronically.
3.3 If the Customer provides incomplete or inaccurate data and costs or damage arise as a result, these costs and/or the resulting damage shall be borne by the Customer.
3.4 Premium Magic Store reserves the right to refuse orders or requests, in particular in the event of ambiguities regarding payment or delivery terms, or suspicions of abuse or improper use.
4. Prices and payment terms.
4.1 All prices stated are in euros and include VAT unless otherwise indicated, but exclude any shipping, handling or other charges.
4.2 Premium Magic Store reserves the right to change prices. For current shipping costs and conditions, see https://www.premiummagic.nl/verzendkosten/.
4.3 Payment must be made in full in advance via Mollie (iDeal, Bancontact, credit card, bank transfer).
4.4 If delivery on account is agreed, Premium Magic Store may charge additional costs (e.g. administration or collection costs) and a credit assessment will be applied.
4.5 In the event of failure to pay (on time), the Customer shall be in default, without further notice of default. From the date of default, interest of 1% per month shall be payable on the outstanding invoice amount, with part of a month being counted as a whole month.
4.6 In the event of non-payment, Premium Magic Store reserves the right to pass on claims, in which case extrajudicial collection costs shall be charged in accordance with the Decree on compensation for extrajudicial collection costs.
4.7 As soon as the Customer is in default, Premium Magic Store may suspend deliveries or services until full payment is received.
5. Delivery and shipment.
5.1 Delivery is made while supplies last.
5.2 Orders are shipped to the address provided by the Customer. Premium Magic Store aims for a shipping time as mentioned on the website, but this is indicative.
5.3 Free shipping applies to orders above the amount and within the region mentioned on https://www.premiummagic.nl/verzendkosten/. For all other orders, the tariff options listed there for domestic and international shipping shall apply.
5.4 Collection is always possible in the (physical) store; collection address and opening information are on the website.
5.5 The risk of loss, damage or theft of the Products shall pass to the Customer at the time the Products are legally and/or factually transferred to the Customer or a third party designated by the Customer.
5.6 Premium Magic Store may, if there is reason to do so (e.g. unforeseen increase in transport costs), change the delivery date or conditions, provided that the Customer is informed in good time.
5.7 If the Customer notices any defects or incompleteness in the packaging, he must notify the delivery person before receipt; failing this, Premium Magic Store cannot be held liable for any damage.
6. Right of withdrawal and return
6.1 Consumers have a right of withdrawal of 14 days from the day after receipt, provided that all of the following conditions are met:
- The product is not a magic trick with secrecy (magic tricks are excluded from returns).
- The product is unopened, in its original (seal) packaging and undamaged.
- The product has not been used.
- The product is not a rapidly perishable good, custom-made item, hygienically non-returnable item (underwear, swimwear, etc.), digital download, ticket, loose magazine/loose newspaper, catering order, travel or transportation ticket, or (order for) emergency repair.
- The consumer, for digital content (e.g. downloads), has not broken the seal and has not yet used the download or ticket.
6.2 The revocation must be communicated to help@premiummagic.nl in writing (or electronically) by e-mail within the period specified in article 6.1. Following this, the consumer must return the product within 14 days of notification.
6.3 If the consumer complies with all conditions upon full return, the purchase price and any shipping and return costs paid will be refunded within 14 working days of receipt of the returned product.
6.4 Consumer returns are free of postage if the entire order is returned; for partial returns, Premium Magic Store may retain return costs.
6.5 Second-hand products, auction/Monkey Deals, digital downloads and tickets are excluded from return, exchange or refund.
6.6 Business Customers (B2B) are not subject to statutory rights of withdrawal; exchange or return is only possible if expressly agreed in writing.
7. Warranty and complaints
7.1 Premium Magic Store warrants that Products delivered conform to the usual requirements and standards under normal use and are free of manufacturing or material defects during the statutory warranty period.
7.2 Flash items (promotions, discount offers) are delivered “as seen” and are at Customer’s own risk at all times. Premium Magic Store shall never be liable for any damage, deficiencies, loss or spoilage during storage or after receipt of Flash items.
7.3 Warranty will be void if:
- The defect is due to accident, improper use, negligence, inadequate maintenance or modifications by the Customer or third parties.
- The operating instructions were not followed.
7.4 Complaints about visible defects must be reported in writing or by e-mail to help@premiummagic.nl within 14 days of delivery , clearly stating the order number, product, description of the defect and photos if relevant.
7.5 Non-visible defects must be reported within 2 months of discovery, but no later than 12 months after delivery. If reported on time, Premium Magic Store shall assess whether the defect is covered by the warranty and inform the Customer about further handling (repair, replacement or refund).
7.6 If a complaint is upheld, Premium Magic Store shall reimburse the necessary costs for repair or replacement. In case of replacement, the remaining warranty period of the original product shall apply.
8. Return policy in case of error or damage
8.1 If the return or additional shipping is necessary due to an error by Premium Magic Store (wrong item delivered, manufacturer’s error), Premium Magic Store will refund the return or additional shipping costs.
8.2 If the Customer returns for reasons not made by Premium Magic Store (e.g. wrong order by the Customer), the return costs shall be borne by the Customer and Premium Magic Store reserves the right to deduct any depreciation in value from refunds.
9. Intellectual property
9.1 All intellectual property rights (trademarks, trade names, copyrights, design rights and other rights) to Products, marketing materials, logos, (website) texts, illustrations and designs are vested in Premium Magic Store or its licensors.
9.2 The Green Lemon, Vorst & bosch and Magic 101 proprietary trademarks are protected and may not be copied, reproduced, sold, distributed or disclosed in any way without Premium Magic Store’s prior written consent.
9.3 The Customer acquires exclusively a non-exclusive, non-transferable right to use the Products supplied by Premium Magic Store for its own (business or private) use. All other rights remain with Premium Magic Store.
10. Privacy, cookies and data protection
10.1 Premium Magic Store processes Customers’ personal data in accordance with applicable privacy laws and according to its own Privacy Statement, which can be accessed at www.premiummagic.nl/privacyverklaring/.
10.2 By using the webshop and/or physical store, the Customer agrees to the application of cookies as described in Premium Magic Store’s Cookie Statement(www.premiummagic.nl/cookies/).
10.3 Personal data are processed for purposes such as: execution of the agreement, customer service, marketing (if explicit consent is provided) and improvement of services.
10.4 The Customer has at all times the right to access, correct, object or delete his personal data, as further described in the Privacy Statement.
11. Liability
11.1 Premium Magic Store’s liability shall be limited to direct damage which can demonstrably and exclusively be the direct result of intent or gross negligence on the part of Premium Magic Store or its executive employees.
11.2 Premium Magic Store shall never be liable for indirect damage, including (but not limited to) consequential damage, loss of profit, lost savings, damage due to business interruption or damage to third parties.
11.3 If Premium Magic Store is liable, its liability shall be limited to the amount paid out by its (professional) liability insurance. If no or no full payment is made, the liability shall not exceed the invoice amount (excluding VAT) of the order or delivery concerned.
11.4 Premium Magic Store shall not be liable for damage or loss resulting from improper use, storage or transport damage by the Customer, unless there is intent or gross negligence on the part of Premium Magic Store.
11.5 The Customer shall indemnify Premium Magic Store against all claims of third parties arising from (commercial) information, images or materials provided by the Customer, which could infringe rights of third parties.
12. Suspension, dissolution and force majeure
12.1 Premium Magic Store shall be entitled to suspend its obligations if the Customer fails to meet its (payment) obligations or in the event of bankruptcy, suspension of payments, seizure or liquidation.
12.2 The parties may rescind the agreement (in whole or in part) in the event of a material breach by the other party, but only after the breach has been duly notified in writing and has not been remedied within a reasonable period.
12.3 Force majeure shall mean any circumstance independent of the will of Premium Magic Store which temporarily or permanently prevents performance, including but not limited to: natural disasters, war, riots, (cyber) attacks, pandemics, government measures, strikes, power or internet failures, transportation problems, fire, water damage and failure of suppliers.
12.4 During force majeure, Premium Magic Store’s obligations shall be suspended. If the force majeure situation lasts longer than 30 calendar days, both parties shall be entitled to rescind all or part of the agreement in writing, without judicial intervention and without liability for compensation to the other party.
13. Retention and retention of title.
13.1 All Products delivered shall remain the property of Premium Magic Store until the Customer has fully satisfied all payment obligations under the relevant agreement, including any penalties, interest and costs.
13.2 Until full payment has been made, the Customer may not alienate, pledge or process the Products. Premium Magic Store may, in the event of non-payment, exercise its right of retention and repossess the Products in question.
13.3 All risks relating to the Products delivered shall pass to the Customer on delivery as described in Article 5.
14. Transfer of rights and pledge
14.1 The Customer cannot assign its rights under the contract to third parties without Premium Magic Store’s prior written consent.
14.2 Property rights or powers under this contract are not transferable without Premium Magic Store’s written consent.
15. Modification of general terms and conditions
15.1 Premium Magic Store reserves the right to amend or supplement these terms and conditions.
15.2 Changes of minor importance (e.g. editorial changes) may be made at any time without prior notice.
15.3 Major, substantial changes will be announced in good time in advance, preferably by e-mail and/or on the website. Consumers have the right to dissolve the contract if they do not agree to substantial changes.
16. Applicable law and disputes.
16.1 All legal relationships between Premium Magic Store and the Client shall be governed exclusively by Dutch law.
16.2 All disputes arising from or relating to agreements to which these terms and conditions apply shall be submitted exclusively to the competent court in the district where Premium Magic Store has its registered office, unless otherwise prescribed by mandatory law.
16.3 The parties shall first attempt to resolve a dispute by mutual agreement and – if desired – through mediation or another alternative dispute resolution procedure before going to court.
17. Miscellaneous
17.1 If any provision of these general terms and conditions proves to be void or voidable, this shall not affect the validity of the remaining provisions. The void or voidable provision shall then be replaced by a provision that comes closest to what the Parties intended.
17.2 Premium Magic Store’s failure to exercise or enforce any right or provision of these general terms and conditions shall not constitute a waiver of that right or provision.
17.3 A Customer may only use these terms and conditions in their complete, unmodified form.
Version and entry into force
These terms and conditions will take effect June 1, 2025 and supersede all previous versions of Premium Magic Store.
