These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") govern the offering and distance selling of products (hereinafter referred to as the "Products") through the website http://www.magicmotorsport.shop (hereinafter referred to as the "Website"), owned by Magic Engineering S.r.l., with registered office at Contrada Margi Soprano snc, Zona Artigianale, 90047 Partinico (PA), Italy (hereinafter referred to as the "Seller").
The sale of Products through the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree No. 206 of 6 September 2005 (the "Consumer Code") and by Italian Legislative Decree No. 70 of 9 April 2003, governing electronic commerce.
These General Terms and Conditions may be amended at any time. Any amendments shall take effect upon their publication in the "Terms and Conditions" section of the Website. Customers are therefore encouraged to visit the Website regularly and consult the latest version of the General Terms and Conditions before making any purchase.
1.1. These General Terms and Conditions govern the offering and sale of all Products available on the Website and apply to all sales concluded between the Seller and the Customer.
1.2. Products are sold both to Customers qualifying as "Consumers" (natural persons acting for purposes outside their trade, business, craft or profession) and to Customers who do not qualify as Consumers (hereinafter referred to as "Business Customers").
1.3. These General Terms and Conditions are supplemented by the specific terms and conditions of sale (hereinafter referred to as the "Specific Terms and Conditions") applicable to each individual Product, which are accessible and available for consultation on the relevant Product detail page before the purchase is completed. In the event of any conflict or inconsistency, the Specific Terms and Conditions shall prevail over these General Terms and Conditions.
1.4. By submitting a purchase order, the Customer fully and unconditionally accepts both these General Terms and Conditions and the Specific Terms and Conditions applicable to the Product being ordered.
1.5. These General Terms and Conditions apply exclusively to the sale of products through our e-commerce platform and do not cover any services provided through other channels.
1.6. These General Terms and Conditions are drawn up in Italian. In the event of any discrepancies between translations, the Italian version shall prevail.
1.7. All sales contracts shall be governed by Italian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on 11 April 1980, shall not apply.
For the purposes of these General Terms and Conditions, the following definitions shall apply:
a) Seller (B2B): Magic Engineering S.r.l., Contrada Margi Soprano snc, Zona Artigianale, 90047 Partinico (PA), Italy, Italian Tax Code and VAT No. 06830930829, REA Registration No. PA-419009, email address [email protected], certified email (PEC) address [email protected].
b) Customer: Any person or entity, whether a Consumer or a Business Customer, who purchases one or more Products through the Website.
c) Consumer (B2C): A natural person acting for purposes outside their trade, business, craft or profession, as defined in Article 3(1)(a) of the Consumer Code.
d) Business Customer: Any person or entity purchasing Products for purposes related to their trade, business, craft or profession (business purchase). Business Customers shall not benefit from the protections granted exclusively to Consumers under the Consumer Code, including the right of withdrawal referred to in Article 7.
e) Website: The online platform accessible at https://magicmotorsport.shop/en/, operated by the Seller and qualifying as an "online marketplace" under applicable legislation.
f) Product: Any tangible movable goods offered for sale on the Website.
g) Digital Content: Data produced and supplied in digital form without a tangible medium, including software, modules, licences, firmware, tokens, credits and activation codes.
h) Digital Service: A service that enables the Customer to create, process, store or access data in digital form, or to share such data, including subscriptions and services provided through Magic Center.
i) Sales Contract: A distance contract concluded between the Seller and the Customer for the purchase and sale of one or more Products, items of Digital Content or Digital Services.
3.1. In accordance with Italian Legislative Decree No. 70 of 9 April 2003, the Seller informs the Customer that, in order to conclude a contract for the purchase of one or more Products through the Website, the Customer must complete an electronic order form and submit it electronically to the Seller by following the instructions displayed on the Website.
3.2. Before submitting the order form, the Customer shall have the opportunity to identify and correct any data entry errors. The Customer is responsible for verifying the accuracy of the information entered.
3.3. Before the Customer submits an order, the Seller shall provide, in a clear and comprehensible manner, all mandatory information required under consumer protection legislation. Such information, together with the Specific Terms and Conditions applicable to the Product, shall be made available on the relevant Product detail page and in the order summary.
3.4. When placing an order, the Customer must declare whether they are acting as a Consumer or a Business Customer. This classification determines the legal framework applicable to the order, including the protections reserved exclusively for Consumers (Article 7). The Seller may verify the VAT number provided through the VIES system.
3.5. The contract is concluded when the order form is received by the Seller's server.
3.6. The purchase process must be completed by clicking the button labelled "Proceed to Checkout" or an equivalent, unambiguous wording. The Customer expressly acknowledges that submitting an order entails an obligation to pay the indicated price. If the Seller fails to comply with this requirement, the Customer shall not be bound by the contract or order. All information provided during checkout on the Website must be accurate, complete and truthful. Orders placed by minors or using false information are strictly prohibited. Magic Engineering S.r.l. reserves the right to cancel such orders and take legal action where necessary.
3.7. Once the order form has been registered, the Seller shall send an order confirmation to the email address provided by the Customer, specifying the essential characteristics of the Product purchased, the purchase details and an order number. Upon confirmation of payment, Magicmotorsport shall dispatch the order to the delivery address provided.
3.8. In the event of non-payment or incomplete payment, the Customer shall be notified and provided with instructions for completing the order. Orders that remain unpaid for more than ten (10) business days may be cancelled by Magic Engineering S.r.l.
3.9. For unavailable Products, the Customer may request to be notified when they are back in stock by clicking "Notify me when this product is available".
4.1. All Product prices published on the Website are expressed in euros (€) and exclude Value Added Tax (VAT).
The applicable tax treatment varies depending on the Customer's location and category:
a) EU individual customers: VAT is charged.
b) EU businesses with a valid VAT number: VAT is not charged (VAT must be accounted for in the Customer's country).
c) Non-EU customers: VAT is not charged, but customs duties and import taxes may apply.
Magic Engineering S.r.l. shall verify VAT numbers through the VIES system (VIES VAT Validator).
Final prices, including shipping costs, taxes and charges, are displayed before the order is confirmed.
4.2. Shipping costs, where applicable, are indicated separately and specified in the order summary before the Customer submits the order. Transparency regarding all cost components, including any additional fees, forms part of the Seller's duty of professional diligence.
4.3. The Seller reserves the right to change Product prices at any time, provided that the price charged to the Customer shall be the price displayed on the Website at the time the order is placed.
4.4. The accepted payment methods, clearly and legibly indicated on the Website, are as follows:
a) Credit Card (Visa, MasterCard)
b) PayPal
c) Bank Transfer
Only one payment method may be used per order.
For bank transfers, payment instructions shall be provided after checkout. The order number must be included in the payment reference.
Credit card details are encrypted and processed by secure payment processors. Magic Engineering S.r.l. does not store this information.
No additional charges shall be imposed on the Customer for using a particular payment method, except where expressly permitted by applicable law.
4.5. Invoices are issued electronically in PDF format and sent to the email address provided at checkout.
4.6. In the event of total or partial non-payment of the purchase price, the Seller reserves the right to suspend delivery of the Products and, where applicable, terminate the contract pursuant to Article 1456 of the Italian Civil Code.
5.1. International shipments may be subject to customs duties, taxes or import charges, which shall be borne by the recipient. Magicmotorsport cannot predict or control these costs. For accurate information, the Customer should contact their local customs authority.
5.2. By placing an international order, the Customer assumes the role of importer of record and is responsible for complying with local import laws and regulations.
5.3. Customs authorities may inspect packages addressed to the Customer. Under Italian law, all shipments must include an invoice indicating the total purchase value.
6.1. Products are shipped to the territories indicated on the Website. Any delivery restrictions shall be clearly and legibly communicated no later than the beginning of the ordering process.
6.2. Orders are generally dispatched within a maximum of five (5) business days following payment confirmation.
In the event of delays caused by external factors, the Customer shall be informed promptly.
Once an order has been dispatched, the Customer shall receive an email containing the tracking number.
Deliveries take place from Monday to Friday, excluding public holidays.
Orders cannot be redirected once dispatched.
All items included in an order shall be shipped together once they are available.
Although we monitor the delivery process, we shall not be liable for any delays occurring after the shipment has been handed over to our logistics partner.
Ownership and risk shall pass to the Customer upon physical receipt of the goods.
6.3. Delivery of the Product shall be deemed completed when the Product is physically placed in the possession of the Customer or a third party designated by the Customer. From that moment, the risk of loss of or damage to the Products shall pass to the Customer.
Purchased Services may be activated directly by the Customer through Magic Center using the activation code included in the invoice.
All other Services requiring activation by staff shall be processed within 24 business hours.
6.4. Activation links and codes are sent by email as soon as possible. Time zone differences or delays on the part of developers may affect delivery times; however, Magicmotorsport undertakes to process all orders as promptly as possible.
6.5. Shipments are primarily handled by DHL. Customers requiring an alternative shipping solution may contact [email protected].
7.1. Scope. This Article applies exclusively to Consumer Customers, as defined in Article 2.
Business Customers are not entitled to the right of withdrawal provided for under Articles 52 et seq. of the Consumer Code. Relationships with Business Customers are governed by the commercial terms agreed between the parties and any applicable Product-Specific Terms and Conditions.
7.2. Consumer Customers have the right to withdraw from the Sales Contract without giving any reason within fourteen (14) calendar days.
7.3. The withdrawal period expires fourteen (14) days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Products.
7.4. Exercising the right of withdrawal. Consumer Customers who have purchased through the Website shall ordinarily exercise their right of withdrawal through the "Orders" section of their customer account.
For orders falling within the statutory fourteen (14)-day withdrawal period, the Website provides a dedicated withdrawal function/form relating to the relevant order and Products.
The availability of this function does not constitute automatic acceptance of the return. The conditions, limitations and exclusions set out in the following paragraphs of this Article shall continue to apply.
The Consumer selects the order and Products to be returned, provides the required information and confirms the request.
Following confirmation, the Seller shall, without undue delay, provide an acknowledgement of receipt of the withdrawal on a durable medium, indicating the content, date and time of submission.
This shall be without prejudice to any other means of exercising the right of withdrawal permitted by applicable law, including submitting an explicit statement to the Seller using the contact details provided.
The right of withdrawal shall be deemed exercised within the prescribed period if the withdrawal statement is sent before the expiry of that period.
7.5. In the event of withdrawal, the Consumer shall be reimbursed for all payments made to the Seller, including delivery costs (except for any supplementary costs arising from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered).
Reimbursement shall be made without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller is informed of the Consumer's decision to withdraw.
The Seller may withhold reimbursement until the goods have been received or until the Consumer has supplied evidence of having sent the goods back.
7.6. The Consumer must send back the goods or hand them over to the Seller without undue delay and, in any event, no later than fourteen (14) days from the day on which the Consumer communicated the decision to withdraw.
The direct cost of returning the goods shall be borne by the Consumer.
7.7. The Consumer shall be liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
If a returned Product is damaged, incomplete or has been used beyond what is necessary for such inspection, the reimbursement may be reduced in proportion to the diminished value or refused if the Product is no longer fit for resale.
The Consumer shall not be liable for any diminished value if the Seller has failed to provide the legally required information concerning the right of withdrawal.
7.8. Digital Products, Licences and Software. For Products consisting of Digital Content or Digital Services, the right of withdrawal and its loss following activation are governed by Article 8 (Digital Products, Licences and Software), to which reference is made.
7.9. The right of withdrawal is also excluded in the other cases provided for under Article 59 of the Consumer Code and in the circumstances specified in the Product-Specific Terms and Conditions, including, in particular:
Goods made to the Consumer's specifications or clearly personalised, including keys/transponders cut, programmed or customised at the Customer's request (Article 59(c));
Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery, such as liquids, oils and additives (Article 59(e));
Services that have been fully performed, where performance began with the Consumer's express agreement and acknowledgement of the loss of the right of withdrawal (Article 59(a)).
Any contractual provisions that unjustifiably exclude or restrict the right of withdrawal shall be deemed null and void.
8.1. Scope. This Article governs Products consisting of Digital Content (software, modules, licences, firmware, tokens, credits and activation codes) and Digital Services (subscriptions and services provided through Magic Center), as defined in Article 2.
8.2. Delivery and activation. Digital Content and Digital Services are supplied through an activation code included in the invoice or sent by email and may be activated directly by the Customer through Magic Center.
Services requiring activation by staff shall be processed within 24 business hours.
Time zone differences or developers' processing times may affect delivery speed.
8.3. Loss of the right of withdrawal upon activation. With respect to Digital Content and Digital Services, by requesting activation, the Consumer expressly consents to the immediate commencement of supply and acknowledges that they shall lose the right of withdrawal once performance has begun, pursuant to Article 59(1)(o) of the Consumer Code.
The loss of the right of withdrawal applies both where activation is performed directly by the Consumer and where it is performed by the Seller (Customer Care) at the Consumer's request.
8.4. Evidence of consent. The Seller shall retain evidence of the activation request and the related acknowledgement of the applicable terms as proof of the Consumer's express consent to immediate performance and acceptance of the loss of the right of withdrawal.
8.5. Refraining from use following withdrawal. Where the right of withdrawal may still be exercised (Digital Content or Digital Services not yet activated), if the Consumer exercises that right, they must refrain from using the Digital Content or Digital Service and from making it available to third parties.
8.6. Technical ability to reset. For the Seller's own-brand Products in the MAGPro2/Flex range, the Seller, in its capacity as manufacturer, may unlink or reset associated serial numbers.
For third-party Digital Products, the ability to revoke activations, licences or tokens depends on the supplier and may not be available.
8.7. Express confirmation by the Consumer. Before the activation or commencement of supply of Digital Content or Digital Services not supplied on a tangible medium, the Consumer must provide express, freely given, specific and separate consent through a dedicated, unticked checkbox or an equivalent mechanism, whereby the Consumer:
(i) requests the immediate commencement of supply before the expiry of the withdrawal period; and
(ii) acknowledges that, once performance has begun, they shall lose the right of withdrawal in the cases provided for under applicable law.
In the absence of such express confirmation, activation shall not take place before the expiry of the withdrawal period, except as permitted by law.
9.1. Nature and scope. The Money Back Guarantee is a voluntary commercial guarantee offered by Magic Engineering S.r.l. on physical Products in the MAGPro2/Flex range falling within the scope defined in paragraph 9.2 below.
It applies to both Consumers and Business Customers.
For Consumers, it is provided in addition to, and does not replace or restrict, mandatory statutory protections and the right of withdrawal under Article 7.
For Business Customers, who are not entitled to the right of withdrawal provided for under the Consumer Code, it constitutes the commercial return arrangement established by these General Terms and Conditions for covered Products.
9.2. Covered Products and exclusions. The Money Back Guarantee applies to individual Flex/MAGPro2 physical Products and commercial bundles that include a Flex/MAGPro2 Product and are offered and sold by Magic Engineering S.r.l. as a single commercial configuration.
Where Flex/MAGPro2 is purchased as part of a covered bundle, the Money Back Guarantee applies to the entire bundle as originally purchased.
To qualify for a full refund, the bundle must be returned complete with all Products, components, accessories and materials originally included.
An incomplete return shall preclude a full refund and may result in a proportional reduction of the refund or, where the completeness of the bundle constitutes an essential condition of the commercial guarantee, rejection of the request.
Products or accessories purchased separately and not included in the Flex/MAGPro2 bundle are not covered by the Money Back Guarantee, unless expressly stated otherwise in the Product-Specific Terms and Conditions.
Services and subscriptions, Coins/credits and other Digital Services, including Slave Decryptor, are excluded unless expressly stated otherwise.
Any applicable mandatory statutory protections shall remain unaffected.
|
Product / Configuration |
Coverage |
Applicable Rule |
|
Individual Flex/MAGPro2 physical Product |
YES |
Covered by the Money Back Guarantee in accordance with Article 9. |
|
Commercial bundle including Flex/MAGPro2 |
YES - Entire bundle |
Coverage extends to the entire bundle as purchased. To qualify for a full refund, the complete bundle must be returned, including all originally supplied components, accessories and materials. |
|
Products or accessories purchased separately from the Flex/MAGPro2 bundle |
NO, unless otherwise specified |
Not covered by the Money Back Guarantee unless expressly provided for in the Product-Specific Terms and Conditions. |
|
Services, subscriptions, Coins/credits and other Digital Services |
NO |
Excluded from the Money Back Guarantee unless expressly stated otherwise. |
9.3. Duration and commencement. The commercial guarantee is valid for thirty (30) days from the date of delivery of the Product to the Customer.
The request must be submitted within this period.
Coverage also applies to eligible Products purchased during promotional sales.
9.4. Requests and returns. Money Back Guarantee requests must be submitted through Magic Center, which can also be accessed via the link available in the "Orders" section of the Website.
The Customer must open a support ticket relating to the relevant order and provide, at a minimum, the order or invoice reference, details of the Product or bundle concerned and the contact information required to process the request.
Opening a support ticket does not constitute automatic authorisation to return the Product. The request shall be received and assessed in accordance with the terms of this Money Back Guarantee.
Once the return has been authorised, the Product or, in the case of a bundle purchase, the entire bundle must be sent back without undue delay and, in any event, within fourteen (14) days, using a trackable shipping method, in its original packaging and with all originally supplied materials, components and accessories.
The direct cost of returning the goods shall be borne by the Customer.
9.5. Condition and completeness requirements. Reimbursement is subject to verification of the condition of the returned Product and its components.
In the case of a covered bundle, the inspection shall extend to the entire bundle and all components originally included.
Worn, scratched, damaged or missing components, broken or tampered warranty seals, missing original packaging or incomplete accompanying materials may result in a proportional reduction of the refund or, where the Product or bundle is no longer eligible for return under the commercial guarantee, rejection of the request.
A partial return of a bundle shall not entitle the Customer to a full refund of the bundle price.
In all cases, the Consumer's mandatory statutory rights relating to the legal right of withdrawal shall remain unaffected.
9.6. Refundable amounts and financial exclusions. Under the Money Back Guarantee, the purchase price of the Flex/MAGPro2 Product included in the Money Back Guarantee or, in the case of a bundle included in the Money Back Guarantee and returned in full, the bundle price shall be refundable, subject to verification of the quantity, completeness and condition of the returned items.
Shipping costs and customs charges incurred after dispatch, as well as bank fees and/or payment-related charges, shall not be refunded.
Any customs charges incurred by Magic Engineering S.r.l. in connection with returned goods may be deducted from the refund.
Where a Consumer exercises the statutory right of withdrawal under Article 7, the applicable statutory provisions shall prevail.
9.7. Return shipping. Under the commercial guarantee, the Customer is responsible for ensuring that the returned Product is properly packaged.
Any physical damage occurring during return shipping and attributable to inadequate packaging or transportation may be taken into account when determining the refundable amount, without prejudice to the Consumer's mandatory statutory rights.
9.8. Coins and credits used. Where any complimentary Coins or credits provided with the purchase of a Flex/MAGPro2 Product have been used to purchase or access Services through Magic Center, their value may be converted into a monetary amount and deducted from the refund.
9.9. Inspection and refund method. Refunds for Products included in the Money Back Guarantee shall be issued only after Customer Service has verified the quantity, completeness, integrity and condition of the returned items.
If the request is approved, the refund shall be issued using the original payment method, unless otherwise agreed with the Customer.
9.10. Processing times. Magic Engineering S.r.l. reserves a period of up to fourteen (14) days from receipt and inspection of the returned goods to process the refund request.
Refunds issued through PayPal or credit card may be subject to processing times and any applicable fees imposed by the respective payment service providers.
9.11. Cancellation before dispatch. The Customer may request cancellation of an order before dispatch by contacting Magic Engineering S.r.l. using the contact details provided in these General Terms and Conditions.
In such cases, provided that the order has not already been dispatched or fulfilled, the amounts due shall be refunded using the original payment method.
9.12. Breach of terms of use. Accounts deleted or terminated by Magic Engineering S.r.l. due to a breach of the Magicmotorsport Acceptable Use Policy shall not be eligible for the Money Back Guarantee.
By way of example, no refund under the commercial guarantee shall be granted in cases involving the unauthorised sharing of software, installation codes, firmware licences or Magic Center login credentials, without prejudice to any mandatory statutory rights granted to Consumers.
10.1. All Products sold through the Website are covered by the Statutory Guarantee of Conformity provided for under Articles 128-135 of the Consumer Code, applicable exclusively to Consumer Customers.
10.2. The Seller is obliged to deliver goods that conform to the Sales Contract.
10.3. The Seller shall be liable for any lack of conformity that becomes apparent within two years of delivery.
10.4. In the event of a lack of conformity, the Consumer shall be entitled to:
a) Repair or replacement free of charge;
b) A price reduction or termination of the contract where conformity cannot be restored or is not restored within a reasonable period.
10.5. Proof of purchase is required to make a claim under the guarantee.
10.6. Where the Product must be returned for the purposes of a guarantee claim, the Seller shall provide instructions regarding the return procedure and applicable time limits upon receipt of the request.
Return address: Magic Engineering S.r.l., Contrada Margi Soprano snc, Zona Artigianale, 90047 Partinico (PA), Italy.
10.7. If a Product arrives damaged or does not conform to the contract, the Customer must promptly notify the Seller.
The Seller shall respond within five (5) business days and process the request as a statutory guarantee of conformity claim rather than as a withdrawal.
10.8. For promotional Products, Magicmotorsport may revoke any associated discounts.
11.1. For support requests, complaints or commercial enquiries relating to an order, including return requests not covered by the statutory right of withdrawal, the Customer may use the communication channels made available by the Seller.
In particular, Business Customers may access the link to Magic Center from the "Orders" section of the Website and open a support ticket relating to the relevant order.
Submitting a ticket does not constitute recognition of a right to return the Product or automatic authorisation for its return.
Each request shall be assessed in accordance with the legal and contractual framework applicable to the order and the Product.
Any additional contact details and contact forms indicated on the Website shall remain available.
11.2. The Customer must provide the order number and any other information useful for processing the request.
Money Back Guarantee requests shall be subject, in particular, to the procedure set out in Article 9.4.
12.1. The Customer declares that they have read and accepted these General Terms and Conditions.
12.2. The Customer must provide accurate and up-to-date information.
12.3. The Products and software sold by Magic Engineering S.r.l. are intended exclusively for racing use (on closed circuits). Their use on public roads may violate applicable laws.
13.1. The Seller shall not be liable for delays or failures to perform resulting from force majeure or other events beyond its reasonable control.
13.2. The Seller shall, in all cases, remain liable for wilful misconduct or gross negligence, as well as for any other liability that cannot be excluded or limited under applicable law.
13.3. The Seller does not exclude or limit any Consumer rights arising from the Statutory Guarantee of Conformity or other mandatory provisions of law.
13.4. With respect to Digital Content, Digital Services and third-party software, the Seller's liability shall be limited to its actual role in their supply, without prejudice to the mandatory statutory rights of Consumer Customers.
14.1. The contract shall be governed by Italian law.
14.2. For Consumer Customers, territorial jurisdiction shall lie with the court of the Consumer's place of residence or domicile, provided that such residence or domicile is located within Italy, in accordance with applicable law.
14.3. For Business Customers, the Court of Palermo shall have jurisdiction.
15.1. For information on privacy, please refer to the Privacy Policy.
15.2. Personal data shall be processed in accordance with the Privacy Policy available on the Website.
Where required, the relevant consent shall be obtained through specific, separate procedures that comply with applicable legislation.
16.1. Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Business Customer, where applicable, declares that they specifically approve the following provisions:
Article 1 (Scope of Application);
Article 4.6 (Termination for Non-Payment);
Article 5 (Customs Duties and Import Charges);
Article 6 (Delivery Terms and Procedures, to the Extent Permitted by Law);
Article 9 (Money Back Guarantee, Where Applicable);
Article 11 (Handling of Complaints and Return Requests);
Article 13 (Limitations of Liability, to the Extent Permitted by Law);
Article 14.3 (Jurisdiction for Business Customers).