4.4/5
4.5/5
Oremusplein 1
6815 DN Arnhem
T: 088 400 4800
E: info@bleijerveldjuridischadvies.nl
W: www.bleijerveldjuridischadvies.nl
KvK: 62289187
VAT: NL002279888B73
IBAN: NL91 INGB 0006 7093 27
Legal advisor: S. Ates
Date: November 22, 2021
1. Magic Movers: Magic Movers, registered with the Chamber of Commerce under number 69031452, located in Cruquius at Bennebroekerdijk 210A (2142 LD), user of these general terms and conditions.
2. Further details of Magic Movers:
Website: www.magicmovers.nl,
Email: info@magicmovers.nl,
Telephone: 023 – 57 66 852 & 06 – 14 99 10 34
VAT ID: NL002260951B77
3. The customer: the (potential) purchaser of goods or services offered by Magic Movers.
1. These conditions form part of all (future) offers, agreements, and other contractual relationships between Magic Movers and the customer.
2. Deviations apply only if expressly agreed in writing by both parties.
3. The customer’s own general conditions are expressly rejected.
4. Third parties engaged by Magic Movers in performing the agreement may also rely on these terms.
5. If one or more provisions (or parts) of these terms are void or annulled, the remaining provisions remain valid. The parties will then agree new provisions reflecting, as closely as possible, the purpose and intent of the invalid provisions.
1. Every offer, whether a quotation, website listing, or otherwise, is entirely non-binding and revocable and valid for 30 days unless otherwise stated in writing by Magic Movers.
2. Prices stated on the website or elsewhere are, unless otherwise indicated, in euros, exclusive of VAT, and subject to levies, taxes, surcharges, and other factors.
3. Obvious errors or mistakes are not binding on Magic Movers.
4. The agreement is concluded once both parties sign a written offer, Magic Movers confirms written acceptance, or Magic Movers commences performance.
5. If an order is placed by multiple customers, all are jointly and severally liable. If Magic Movers performs with multiple contractors, each contractor is responsible for their own acts. Article 7:407 para 2 BW is excluded.
1. The price may be determined in two ways:
2. Other costs (e.g., tolls, parking permits) are not included. Expenses due to unforeseen circumstances are likewise excluded.
3. Work may include:
4. Prices may rise if extra costs occur or additional work is requested. Additional work under 50 % of the total will not require prior notice. Magic Movers may charge extra costs for changes unless caused by circumstances attributable to Magic Movers; such cases do not reduce the principal sum.
5. If no price is agreed, Magic Movers will set a reasonable and fair price.
6. The customer must pay the invoice immediately after completion by bank transfer.
7. If payment is late, Magic Movers may charge 1 % interest per month plus 15 % collection costs (min. €150 ex VAT).
8. If the customer differs from the owner of the goods, separate payment arrangements apply. If the customer fails to pay, the owner is liable.
9. Without explicit written consent, the customer may not set off, suspend, or withhold payments; no right of retention applies.
10. If payment is not made, Magic Movers may suspend work and seek court approval (Art. 8:1194 BW) to store and sell goods.
11. The customer is in default after the due date. Magic Movers will send a reminder granting 7 days to pay; after that, statutory interest and reasonable collection costs apply.
1. The customer must enable Magic Movers to carry out the assignment and provide necessary cooperation.
2. Magic Movers will endeavor to perform within the indicated or estimated period; this is not a strict deadline. The customer must first send a written notice of default allowing reasonable time to comply.
3. Before execution, the customer must provide all agreed documents and information (e.g., customs or transport documents). Magic Movers will review these to the best of its ability but is not liable for damage arising from incorrect information supplied by the customer.
4. The customer must specify a delivery address where someone is present to receive the goods.
5. If delivery cannot be made because the customer is absent, re-delivery costs are for the customer.
6. Magic Movers will store goods for one month from the agreed delivery date. After three working days without collection, storage fees apply; risk of loss lies with the customer. After one month, Magic Movers may dispose of or transfer the goods.
7. Magic Movers may subcontract work. Article 7:404 BW is expressly excluded.
8. Magic Movers is obliged to:
9. Risk of loss or depreciation passes to the customer once the goods are under their control, regardless of ownership transfer.
10. Without Magic Movers’ consent, the customer may not collect goods earlier nor claim partial refunds for early pickup.
11. Late pickup after contract end incurs a €500 per-day penalty (ex VAT) until fulfilled, without prejudice to further damage claims. Pickup after deadline is at own risk and subject to availability.
12. The customer must obtain any required permits from the municipality (usually 15 days in advance). Failure to do so allows Magic Movers to refuse or execute the job at customer’s risk and expense; resulting costs are immediately payable.
13. The customer must ensure sufficient parking for the moving truck/lift. If parking is unavailable, costs continue to accrue until resolved; if unresolved, all costs are for the customer.
14. Goods must be properly packed for transport unless otherwise agreed. Small items must be boxed to prevent damage.
15. If hoisting is required, the customer must ensure access to the lifting beam and clear passage for all furniture to be moved.
1. The customer must inform Magic Movers in writing and in time about:
2. The customer must notify Magic Movers of any special conditions at the destination (e.g., upper floor, roadworks).
3. If hazardous materials are offered, the customer must inform Magic Movers of the nature and precautions. Magic Movers may refuse to transport or store them if not informed in advance.
4. The customer indemnifies Magic Movers against claims from third parties resulting from non-compliance with these obligations.
5. The customer must ensure that:
6. Failure to comply within 24 hours may incur extra charges (storage, travel, labor).
7. The customer bears an own risk of €250 per assignment for any damage caused by Magic Movers.
1. The customer must inspect delivery as soon as possible and within 2 days report any defects to Magic Movers, substantiated with the pre-inspection form. If none exists, goods are deemed delivered in perfect condition.
2. If a defect appears that could not reasonably be noticed at delivery and is attributable to Magic Movers, the company must be given a reasonable opportunity to repair or perform again; otherwise, the customer may terminate the agreement.
3. If Magic Movers fails to perform obligations under Article 5, paragraph 2 applies accordingly.
4. Magic Movers is not liable for damage resulting from:
5. Except for liability under Arts. 6:170 and 6:171 BW, Magic Movers is liable for acts and omissions of persons it uses for performance only within the scope of their duties.
6. Compensation owed by Magic Movers is limited to its professional liability insurance coverage:
7. Magic Movers is never liable for consequential loss, property damage, immaterial damage, or lost profit except in cases of intent or gross negligence.
8. The customer may, with Magic Movers’ written consent and for a fee, declare a value above the limits in paragraph 6; this declared value replaces the limit but not the actual value of the goods.
9. Magic Movers does not check the contents of boxes unless agreed for a fee; the customer is responsible for contents.
10. If only part of the goods is available at the agreed time and place, Magic Movers will transport what is available for the agreed price minus saved costs.
11. Claims for damage must be made within 12 hours after the move/transport.
12. Magic Movers is not liable for damage from work done by the customer or third parties.
13. Magic Movers is not liable for damage to plants, aquariums, or animals.
14. In case of damage, the customer must submit the original receipt; if unavailable, a value certificate from the supplier is required.
1. Force majeure means, in addition to its legal meaning, all external causes beyond Magic Movers’ control, whether foreseeable or not. This includes strikes, traffic disruptions, unforeseen delays, power outages, transport difficulties, fire, loss or damage during transport, epidemics, pandemics, and government measures.
2. During force majeure, Magic Movers’ obligations are suspended. If performance remains impossible for more than one month or becomes disproportionately burdensome, Magic Movers may terminate the agreement fully or partially without judicial intervention and without liability for damages.
3. If Magic Movers has already partly fulfilled obligations at the time of force majeure, it may invoice the delivered part separately or partly credit any advance payment.
4. If the customer is declared bankrupt, applies for suspension of payment, enters a debt-restructuring scheme, or is subject to lawful seizure not lifted within one month, Magic Movers may suspend or terminate work without further notice.
5. If the customer defaults and, after a notice with a reasonable grace period, still fails to perform, Magic Movers may suspend execution entirely or partially.
6. Articles 7:408 and 7:764 BW are excluded. If the customer terminates early, the full fee remains payable, covering lost work, retained staff capacity, and fixed resources tied to the project.
7. Cancellation is free up to seven (7) days before the agreed moving date. Within seven days but at least 48 hours beforehand, 50 % of the total quoted amount is due. Within 48 hours, 100 % of the total applies. The customer may reschedule once free of charge if notified at least seven days before the original date. After rescheduling, cancellation triggers the same cancellation fees.
1. Magic Movers has a right of retention over goods and documents in its possession related to the agreement until payment is received.
2. This right also covers debts arising from previous agreements with the same customer.
1. The customer may purchase (second-hand) moving boxes from Magic Movers.
2. If the customer returns the boxes whole, dry, and clean (to Magic Movers’ satisfaction) after the move, a partial refund will be issued.
3. If boxes are not returned or are damaged through misuse, no refund will be given.
4. Second-hand boxes are excluded from the right of return.
1. The customer may not, during and for one (1) year after termination of the agreement, approach or employ Magic Movers’ (staff or contracted) employees, nor induce them to leave and work elsewhere.
2. The customer must keep confidential any information received for the assignment, except where disclosure is required by law. Confidential information includes pricing arrangements between Magic Movers and the customer.
3. Violation of this article incurs an immediate penalty of €5,000 per breach and €500 per day that it continues, without prejudice to Magic Movers’ right to claim full compensation instead of the penalty.
1. For continuing agreements, Magic Movers may amend or supplement these terms. Changes also apply to existing agreements after 30 days’ notice. Minor changes may take effect immediately. If the customer does not accept a change, they must notify Magic Movers in writing before the effective date of the new terms.
1. Magic Movers may transfer its rights and obligations under this agreement to a third party. The customer may transfer their rights and duties only with written consent from Magic Movers.
2. Dutch law applies exclusively to this and all other agreements between the parties, to the express exclusion of the CISG (Vienna Sales Convention). The same applies to any non-contractual obligations arising between them.
3. Any dispute arising from the agreement will be submitted exclusively to the competent court in the district where Magic Movers is established. The same court has exclusive jurisdiction over non-contractual disputes.
© These terms and conditions were drafted by Bleijerveld Juridisch Advies www.bleijerveldjuridischadvies.nl
These terms can also be downloaded from Terms and Conditions (PDF).
Standard insurance up to €23.000
With every move via Magic Movers, your goods are insured as standard up to an amount of €23.000.
Would you like additional coverage? Feel free to contact us.
