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Representative Terms & Conditions

This agreement, the date of which is the date we accept your order by commencing its fulfillment, is made between MagicMix Limited (registered in England with company number 847500) and the Representative whose name is stated overleaf from us on the following terms and conditions.

On receipt of this agreement signed by you, if it is approved by MagicMix (which is entirely at MagicMix’s discretion) you will be issued with an ID number, after which you will then be authorised to represent yourself as a MagicMix Representative.

On issue of your MagicMix ID number you are entitled:

  1. To hold presentations regularly at which you will present MagicMix garments and accessories and collect orders from your customers only for MagicMix products.
  2. To purchase MagicMix products from MagicMix and to sell and deliver them to your customers in the United Kingdom and the Republic of Ireland only and you agree to follow the MagicMix guidelines that sales are made by means of personal and home demonstrations, sales presentations and like group gatherings, and you further agree:
    1. To present facts about MagicMix and MagicMix products in a truthful manor.
    2. To ensure that invitations to prospective MagicMix customers, make the purpose of the occasion clear.
    3. To honor promptly, the MagicMix exchange and refund policies.
    4. As an independent, self-employed contractor, to abide by all legal requirements. You are not an employee or agent of MagicMix but are a principle, and as such are responsible for all expenses you incur whilst running your business, including direct and indirect taxation and national insurance.
    5. To conduct yourself with the highest standards of integrity, honesty and responsibility at all times in dealing with customers, other Representatives and MagicMix.
    6. Not to use the MagicMix trademarks, trade names or advertise in any manner without MagicMix giving you prior written permission to do so.
    7. Not to incur any obligation or liability on behalf of MagicMix and not purport to do so.
    8. To accept the responsibilities of sponsor for any recruits and to comply with the other provisions governing your appointment and the conduct of your MagicMix related business, as outlined in the MagicMix manual, as amended by MagicMix from time to time.

On issue of your MagicMix ID number, MagicMix agrees to:

  1. Sell MagicMix products to you at the prices correctly calculated in accordance with the Representative order form you submit. MagicMix also agrees to pay you the other bonuses, incentives and commission described in the current version of the Manual or announced from time to time. Commission is not payable on orders of sales aids as amended by MagicMix from time to time.
  2. Provide 10 days written notice prior to changing any commission or bonus provisions (which MagicMix has the right to do).
  3. Use reasonable efforts to fulfill your orders promptly on receipt of payment, subject to stock availability. MagicMix reserves the right to change the prices, range and specification of its products at its discretion.
  4. Honor promptly the MagicMix product guarantee.
  5. Grant you a non-exclusive license to use the MagicMix name and logo in accordance with the terms of this agreement to market and sell products purchased from MagicMix.

The Magic Pack

  1. You do not own the Magic Pack until you have achieved total retail sales of £1000 in your first 3 months until this MagicMix are entitled to charge you the full retail price of the Pack.
  2. If the Magic Pack is not available, we will notify you of this in writing and the relevant amount paid by you for the pack will be credited to your account with us.
  3. If there is any discrepancy between the Pack in this order and the Pack and its contents delivered to you, you must notify us of such a discrepancy in writing within 7 days of receipt of the Packs, using an exchange form.

Ceasing to be a Representative and refunds

After 6 months of inactivity, you will lapse as a MagicMix Representative. Should you wish to return to the business, you will have to submit a new application form and would join at the 25% driscout level.

You have the right to terminate your appointment at any time without charge by giving written notice to MagicMix. MagicMix may terminate your appointment immediately if you break any of these terms and otherwise by giving you not less than 30 days’ written notice; however in the first 30 days of your appointment Magicmix may terminate your appointment immediately, without liability, by giving you written notice to that effect.

If you cancel your appointment within the first 14 days you may cancel any outstanding orders with MagicMix without charge, receive a full refund of anything you paid in connection with your participation in these selling arrangements and if you return to MagicMix (at its address set out overleaf). Any goods you have purchased in that period, MagicMix will give you a full refund for them, provided they are returned unworn, unwashed and in the condition in which they were supplied to you.

If you terminate your appointment as a MagicMix Representative after 14 days of entering it, or if MagicMix terminates it, then you shall have no further contractual obligations as a Representative to MagicMix and if you wish, you may cancel any outstanding personal orders and immediately receive a full refund of any payment.

On termination you must immediately cease representing yourself as a MagicMix Representative and selling MagicMix products to customers. You may also return to MagicMix (at MagicMix’s expense) within 21 days of the termination of your appointment any goods which you have purchased from MagicMix within the 90 days prior to such termination. If the good are returned unwashed, unworn and in the condition in which they were supplied to you, MagicMix will give you a full refund of the goods, less a 10% handling charge (which will not be levied if MagicMix terminates the agreement).

If the returned goods have been worn, washed, or are otherwise not in the condition in which they were sold then MagicMix will only refund a normal sum, inclusive of VAT where applicable, representing the value of the goods in the condition they are in, since they cannot be re-sold as new, and second hand used clothing is of negligible value (unless your appointment was terminated by MagicMix in which case a full refund will be given for such goods).

After termination of your appointment you may, within 21 days, return to MagicMix any goods which you have purchased from MagicMix within the 90 days prior to such termination. You will be entitled to a refund calculated as stated above. You may also return any such goods purchased more than 90 days and up to one year prior to such termination for a partial refund.

If you cease to be a Representative you shall be entitled to retain any commission paid to you by MagicMix except commission paid in respect of any goods returned to MagicMix. You must repay MagicMix any commission paid, including VAT where applicable, on refunded goods if MagicMix has refunded any monies due to you and claims repayment of the commission within 120 days of when it was paid.

If you cease to be a Representative you shall immediately cease to use the MagicMix name and logo for any purpose whatsoever. You also have the rights set out in the manual to return goods to MagicMix for a partial refund.

Other Provisions

As a Representative you undertake to inform MagicMix if you are registered for VAT in the United Kingdom or the Republic of Ireland or when you apply for VAT registration in either territory. Only sole traders can be accepted. You have no financial obligation as a MagicMix Representative during the 12 months following the commencement of this agreement other than to pay for any goods you order. You may not order or agree to order more than £200 of products in the first seven days of your appointment as a Representative. MagicMix may deduct any amount you owe them from any amount they owe you.

This agreement, which is governed by English Law if the Representative is resident in the United Kingdom and Irish Law if the Representative is a resident of the Republic of Ireland, can only be changed in writing, signed by an authorised executive of MagicMix. This agreement comprises the terms set out in this document and the current version of the MagicMix Manual (which MagicMix has the right to amend at their discretion) and sets out all the terms of your appointment. There are no oral terms and neither your Sales Manager, nor your sponsor has authority to vary them. As an independent business person, you are entitled to arrange for such assistance in the conduct of your business as you determine. Your appointment as a MagicMix Representative is personal to you and may not be transferred by you to anyone else. Any notice you wish to send to MagicMix should be sent to the MagicMix address set out overleaf.

Data Protection Act 1998

You agree that:

  1. MagicMix may retain and process all personal information, including sensitive personal data, given by you to MagicMix for purposes including Marketing, business creation and development, management reporting and commissions payable. MagicMix may record this information both manually and/or on a computer database and will be the data controller for this information.
  2. MagicMix may disclose and transfer this personal information to other members of the MagicMix group and to other persons for the purposes of the MagicMix business.
  3. In the event that you were unable to remain active as a Representative, until such time as you resume these activities or this agreement terminates (whichever is the sooner) you agree that MagicMix may retain and process information in relation to the reason for your inactivity, which would be communicated by you to MagicMix, including information relating to your physical and mental health.
  4. As an independent Representative it is your responsibility to ensure that you comply with the Data Protection Act 1998. For example, if a customer notifies you that she does not wish to receive marketing materials from you, you must comply with her wishes. You hereby indemnify MagicMix from any liability incurred by it arising out of any breach by you of the Data Protection Act 1998.
  5. As a MagicMix Representative you are required to be familiar with, and keep updated on MagicMix products and services including new products and service and to this end you will receive marketing materials from MagicMix from time to time.

We are required to point out by United Kingdom law that it is illegal for a promoter or participant in a trading scheme to persuade anyone to make a payment, by promising benefits from getting others to join a scheme. Do not be misled by claims that high earnings are easily achieved.