Article 1. General
1.1. Correspondence and visiting address: Eeuwlandseweg 9d, (8181 LM) Heerde, The Netherlands (Tel. no.: +31 6 51681066; Email: [email protected]).
1.2. The general terms and conditions are also filed with the Chamber of Commerce and can be accessed via www.magnetarmagnets.com.
Article 2. Definitions and Applicability
2.1. The following definitions apply in these General Terms and Conditions:
a. General Terms and Conditions: these General Terms and Conditions.
b. Cooling-off Period: the period within which the Consumer may exercise their Right of Withdrawal.
c. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a Distance Agreement with Magnetar.
d. Durable Data Carrier: any means that enables Magnetar or the Consumer to store information addressed to them personally, in a manner that makes it accessible for future reference and unchanged reproduction of the stored information.
e. Right of Withdrawal: the option for the Consumer to withdraw from the Distance Agreement within the Cooling-off Period.
f. Magnetar: Magnetar, with its office at Eeuwlandseweg 9d, (8181 LM) Heerde, The Netherlands, registered with the Chamber of Commerce under number 76761851.
g. Model Withdrawal Form: the Model Withdrawal Form provided by Magnetar, which the Consumer can use to exercise their Right of Withdrawal.
h. Distance Agreement: the agreement concluded between Magnetar and the Consumer within the framework of a system organized by Magnetar for the distance sale of Goods, using one or more means of distance communication up to and including the conclusion of the agreement, to which these General Terms and Conditions apply.
i. In Writing: for the purposes of these General Terms and Conditions, this includes all forms of electronic communication directed to [email protected].
j. Means of Distance Communication: any means that can be used to conclude the Distance Agreement without the Consumer and Magnetar being physically present in the same location at the same time.
k. Website: www.magnetarmagnets.com.
l. Goods: all goods that Magnetar is obliged to deliver.
2.2. These General Terms and Conditions apply to all quotations, offers, orders, and Distance Agreements between Magnetar and the Consumer.
2.3. The applicability of the Consumer’s purchase or other conditions is expressly rejected.
2.4. Before the conclusion of the Distance Agreement, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the Distance Agreement is concluded that the General Terms and Conditions can be viewed at Magnetar and will be sent free of charge to the Consumer upon request as soon as possible.
2.5. If the Distance Agreement is concluded electronically, the text of these General Terms and Conditions may, contrary to Article 2.4, be made available electronically to the Consumer before the Distance Agreement is concluded, in such a way that it can be easily stored by the Consumer on a Durable Data Carrier. If this is not reasonably possible, it will be indicated before the Distance Agreement is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge upon request.
2.6. If specific product or service conditions also apply in addition to these General Terms and Conditions, Articles 2.4 and 2.5 apply correspondingly, and in the event of conflicting conditions, the Consumer may invoke the applicable provision that is most favorable to them.
2.7. Deviations from the General Terms and Conditions are only valid if expressly agreed in Writing between Magnetar and the Consumer.
2.8. In cases not covered by the Agreement and/or the General Terms and Conditions, Magnetar will make a reasonable arrangement.
2.9. The invalidity or unenforceability of one or more provisions of these General Terms and Conditions does not affect the validity or enforceability of the remaining provisions. Should any provision prove invalid or unenforceable, Magnetar will replace the invalid or unenforceable part with a provision that is valid and enforceable and that, to the extent possible, corresponds to the original intent and purpose of the invalid or unenforceable provision.
2.10. Any ambiguities regarding the interpretation or content of one or more provisions in these General Terms and Conditions must be interpreted in the spirit of these General Terms and Conditions.
Article 3. Offers and Quotations
3.1. Offers and quotations made by Magnetar are non-binding. Magnetar reserves the right to modify and adjust the offer. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
3.2. Each offer includes sufficient information to make it clear to the Consumer what their rights and obligations are upon acceptance of the offer. This information includes:
(i) The price of the Goods (including VAT);
(ii) Any shipping costs for the Goods;
(iii) The method by which the Distance Agreement will be concluded and the steps required;
(iv) Information about the applicability of the Right of Withdrawal;
(v) The method of payment, delivery, and execution of the Distance Agreement;
(vi) The acceptance period of the offer or the period during which Magnetar guarantees the price;
(vii) The cost of distance communication, if different from the standard base rate for the communication method used;
(viii) Whether the Distance Agreement will be archived after its conclusion, and if so, how the Consumer can access it;
(ix) The method by which the Consumer can review and, if necessary, correct the information they provided as part of the Distance Agreement before concluding it;
(x) Any other languages besides Dutch in which the Distance Agreement can be concluded; and
(xi) The codes of conduct to which Magnetar adheres and how the Consumer can access these codes electronically.
3.3. If Magnetar uses images, these will be a truthful representation of the Goods and/or services offered.
3.4. Apparent mistakes or errors in the offer are not binding on Magnetar.
3.5. The Distance Agreement is concluded, subject to the provisions of Article 3.8, at the moment the Consumer accepts the offer and meets the stated conditions.
3.6. If the Consumer has accepted the offer electronically, Magnetar will confirm receipt of the acceptance of the offer without delay via electronic means. Until Magnetar has confirmed receipt of this acceptance, the Consumer may dissolve the Distance Agreement. The order confirmation sent by Magnetar is deemed to have been received by the Consumer at the moment it is sent by Magnetar. Any inaccuracies in the email address provided by the Consumer are at their own risk.
3.7. In the case of electronic conclusion of the Distance Agreement, Magnetar will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, Magnetar will observe suitable security measures for this purpose.
3.8. Within the limits of the law, Magnetar may investigate whether the Consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly concluding the Distance Agreement. If this investigation gives Magnetar valid reasons not to conclude the Distance Agreement, it is entitled to refuse an order or application, providing reasons, or to attach special conditions to its execution.
3.9. Magnetar will include the following information, either in writing or in a manner accessible for storage on a Durable Data Carrier, with the delivery of the Goods to the Consumer:
(i) The visiting address of Magnetar’s establishment where the Consumer can lodge complaints;
(ii) The conditions under which and the methods by which the Consumer can make complaints or a clear statement regarding the exclusion of the Right of Withdrawal;
(iii) Information on guarantees and any after-sales services; and
(iv) The information specified in Article 3.2, unless Magnetar has already provided this information to the Consumer before the execution of the Distance Agreement.
3.10. The agreement is concluded under the suspensive condition of sufficient availability of the relevant Goods.
Article 4. Right of Withdrawal
4.1. When purchasing Goods, the Consumer has the right to dissolve the Distance Agreement without providing any reason within thirty (30) days. This cooling-off period begins on the day following the receipt of the Goods by the Consumer or a third party designated in advance by the Consumer and notified to Magnetar. Magnetar may ask the Consumer for the reason for withdrawal, but the Consumer is not obligated to provide one.
4.2. During the cooling-off period, the Consumer must handle the Goods and packaging with care. The Consumer may only unpack or use the Goods to the extent necessary to determine whether they wish to keep them. The guiding principle is that the Consumer may only handle and inspect the Goods as they would be allowed to do in a physical store.
4.3. The Consumer is only liable for any decrease in value of the Goods resulting from handling that exceeds what is permitted in Article 4.2.
4.4. The Consumer is not liable for any decrease in value of the Goods if Magnetar did not provide all legally required information about the right of withdrawal to the Consumer before or at the time of concluding the Distance Agreement.
4.5. If the Consumer wishes to exercise their right of withdrawal, they must notify Magnetar in Writing within thirty (30) days of receiving the Goods. This notification must be made in Writing. After the Consumer has notified Magnetar of their intention to exercise the right of withdrawal, they must return the Goods within fourteen (14) days. The Consumer must provide proof that the Goods were returned on time, for example, with a shipping receipt. As soon as Magnetar is informed of the Consumer’s intention to dissolve the Distance Agreement and the conditions of Article 4.5 are met, Magnetar will confirm the dissolution of the Distance Agreement by email.
4.6. If the Consumer exercises their right of withdrawal, they must return the Goods undamaged, with all accessories, in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by Magnetar.
4.7. If the Goods have decreased in value due to handling that goes beyond what was necessary to determine their nature, characteristics, and functioning, Magnetar is entitled to charge for this decrease in value and deduct it from any payments received from the Consumer. Decrease in value may occur, for instance, if the Consumer allows Goods, such as magnets, to attract iron particles or causes damage by letting Goods collide with each other.
4.8. If Magnetar allows the Consumer to notify their withdrawal in Writing, Magnetar will send an acknowledgment of receipt of this notification to the Consumer without delay.
4.9. Magnetar will refund any payments received from the Consumer, minus any decrease in value, as soon as possible and no later than fourteen (14) days after the dissolution of the Distance Agreement, provided the Goods have been received by Magnetar or the Consumer has demonstrated that the Goods have been returned.
4.10. Magnetar will use the same payment method for the refund as the Consumer used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
4.11. If the Consumer exercises their right of withdrawal, all supplementary Distance Agreements are automatically dissolved by operation of law.
Article 5. Costs in Case of Withdrawal
5.1. If the Consumer exercises their right of withdrawal, the costs of returning the Goods will be borne by the Consumer.
5.2. If the Consumer has made a payment, Magnetar will refund this amount as soon as possible, but no later than fourteen (14) days after the withdrawal. This is subject to the condition that the Goods have been received by Magnetar or that conclusive proof of complete return has been provided.
Article 6. Exclusion of Right of Withdrawal
6.1. Magnetar may exclude the Consumer’s Right of Withdrawal for Goods as described in Article 6.2. The exclusion of the Right of Withdrawal applies only if Magnetar has clearly stated this in the offer or at least prior to the conclusion of the Distance Agreement.
6.2. Exclusion of the Right of Withdrawal is only possible for Goods:
(i) That are manufactured by Magnetar according to the Consumer’s specifications;
(ii) That are clearly personal in nature;
(iii) That, due to their nature, cannot be returned; and
(iv) That spoil or age quickly.
Article 7. Price and Payment
7.1. During the validity period stated in the offer, the prices of the Goods will not be increased. Changes in VAT rates, however, will be passed on to the Consumer.
7.2. Unless explicitly agreed otherwise, Magnetar will not charge the Consumer any shipping or delivery costs for the Goods.
7.3. Price increases within three (3) months after the conclusion of the Distance Agreement are only allowed if they are the result of statutory regulations or provisions.
7.4. Price increases after three (3) months following the conclusion of the Distance Agreement are only allowed if Magnetar has stipulated this and:
(i) They are the result of statutory regulations or provisions, or
(ii) The Consumer has the right to terminate the Distance Agreement with effect from the date on which the price increase takes effect.
7.5. The prices stated in the offer for Goods include VAT.
7.6. Unless otherwise agreed, amounts owed by the Consumer must be paid within fourteen (14) days after the commencement of the cooling-off period as referred to in Article 4.1.
7.7. Payment must be made using one of the payment methods offered by Magnetar. In the case of agreed advance payment, the Consumer cannot assert any rights regarding the execution of the order until the advance payment has been received by Magnetar.
7.8. The Consumer is obligated to promptly report any inaccuracies in the payment information provided to or listed by Magnetar.
7.9. In the event of non-payment by the Consumer, Magnetar, subject to legal limitations, has the right to charge the Consumer reasonable costs that have been communicated in advance.
7.10. If the Consumer does not fulfill their payment obligation(s) on time, and after being notified by Magnetar of the late payment, the Consumer is given a period of fourteen (14) days to still meet their payment obligations. Failure to pay within this fourteen (14)-day period will result in the Consumer owing statutory interest on the outstanding amount and Magnetar being entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: fifteen percent (15%) of outstanding amounts up to €2,500; ten percent (10%) on the following €2,500; and five percent (5%) on the next €5,000, with a minimum charge of €40.
Article 8. Conformity and Warranty
8.1. Magnetar guarantees that the Goods comply with the Distance Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the Distance Agreement was concluded. If agreed upon, Magnetar also guarantees that the Goods are suitable for purposes other than normal use.
8.2. Any warranty provided by Magnetar, the manufacturer, or the importer does not affect the statutory rights and claims that the Consumer may assert against Magnetar under the Distance Agreement.
8.3. Any defects or incorrect deliveries of Goods must be reported to Magnetar in Writing by the Consumer within four (4) weeks of delivery.
8.4. Magnetar’s warranty period corresponds to the manufacturer’s warranty period. However, Magnetar is never responsible for the ultimate suitability of the Goods for any individual application by the Consumer, nor for any advice regarding the use or application of the Goods.
8.5. Without prejudice to any expressly stated warranty conditions, all warranties will be void if a defect in the Goods is the result of an external cause or otherwise cannot be attributed to Magnetar. This includes, but is not limited to, defects resulting from damage, improper or incorrect use, use contrary to the instructions for use or application, use contrary to other directions from Magnetar, and repairs or other modifications to the Goods carried out without prior permission from Magnetar.
Article 9. Privacy
9.1. With regard to its integrity policy and privacy, Magnetar complies with the General Data Protection Regulation (GDPR).
Article 10. Execution of the Agreement
10.1. Magnetar will exercise the utmost care when receiving and executing orders for Goods.
10.2. The delivery address is the address provided by the Consumer to Magnetar. If no delivery address is specified, the invoice address will be considered the delivery address. If explicitly agreed that the Goods will be available for pickup at Magnetar’s location, pickup will only take place on a date or time agreed upon in Writing by both parties.
10.3. If the delivery of Goods is delayed because Magnetar has not received the necessary information from the Contracting Party on time, or due to circumstances attributable to the Contracting Party, Magnetar is entitled to extend the delivery period (if applicable) as reasonably required by the circumstances and to charge any resulting costs to the Contracting Party.
10.4. Subject to the provisions of Article 8.2, Magnetar will execute accepted orders with due speed but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled, or can only be partially fulfilled, the Consumer will be notified no later than 30 days after placing the order. In such cases, the Consumer has the right to dissolve the Agreement without any cost and may claim compensation if applicable.
10.5. All delivery times are indicative. The Consumer cannot derive any rights from any specified delivery times. Exceeding a delivery time does not entitle the Consumer to compensation.
10.6. In the event of dissolution in accordance with Article 10.4, Magnetar will refund any amount paid by the Consumer as soon as possible, but no later than fourteen (14) days after dissolution.
10.7. If delivery of an ordered Good proves impossible, Magnetar will make every effort to offer a substitute Good. The Consumer will be informed clearly and understandably no later than at the time of delivery that a substitute Good is being delivered. For substitute Goods, the Right of Withdrawal cannot be excluded. Any return costs will be borne by the Consumer.
10.8. The risk of damage and/or loss of Goods rests with Magnetar until the moment of delivery to the Consumer or a representative previously designated and made known to Magnetar, unless otherwise agreed.
10.9. Magnetar reserves the right to deliver orders in parts. In this case, the Consumer’s Right of Withdrawal for the entire order only expires after fourteen (14) days from the day the last partial delivery is received by the Consumer.
10.10. The Consumer is obligated to accept the Goods at the time they are made available or delivered to them. If the Consumer refuses acceptance for any reason or fails to provide information or instructions necessary for delivery, the Consumer will be liable for the agreed price, reasonable storage costs, and any disposal costs for the Goods.
Article 11. Duration Transactions: Term, Termination, and Renewal
11.1. The Consumer may terminate an Agreement entered into for an indefinite period, which provides for the regular delivery of Goods, at any time, subject to the agreed termination rules and with a notice period of no more than one (1) month.
11.2. The Consumer may terminate an Agreement entered into for a fixed period, which provides for the regular delivery of Goods, at any time at the end of the specified term, subject to the agreed termination rules and with a notice period of no more than one (1) month.
11.3. For the Agreements referred to in Articles 11.1 and 11.2, the Consumer may:
(i) Terminate them at any time without being restricted to termination at a specific time or during a specific period,
(ii) Terminate them at least in the same manner as they were entered into, and
(iii) Always terminate them with the same notice period that Magnetar has stipulated for itself.
11.4. An Agreement entered into for a fixed period, which provides for the regular delivery of Goods, may not be tacitly extended or renewed for a fixed term.
11.5. If the Agreement has a term of more than one (1) year, the Consumer may terminate the Agreement at any time after one (1) year with a notice period of no more than one (1) month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 12. Force Majeure
12.1. In addition to what is understood by force majeure in the law, force majeure includes all circumstances (foreseen and unforeseen) that occur outside the control or influence of Magnetar but affect the fulfillment of its obligations.
12.2. Circumstances that constitute force majeure include, but are not limited to: war, terrorism, riots, mobilization, domestic and foreign disturbances, government measures, strikes within the organization of the Contracting Party or threats thereof, disturbances in the currency relationships existing at the time the Agreement was concluded, operational disruptions caused by fire, burglary, sabotage, natural phenomena, and similar events, as well as transport difficulties, delivery problems, and failures of automation or electricity caused by weather conditions, road blockages, accidents, and similar occurrences.
12.3. In the event of a force majeure situation, the obligations of Magnetar and the Consumer are suspended.
12.4. If the performance of the Distance Agreement becomes permanently impossible due to force majeure, both parties are entitled to dissolve the Distance Agreement with immediate effect.
Article 13. Complaints
13.1. Magnetar has an adequately publicized complaints procedure and handles complaints in accordance with this procedure.
13.2. Complaints about the Goods must be reported in Writing to Magnetar within five (5) days after they are identified by the Consumer, accompanied by a clear and detailed description.
13.3. Complaints submitted to Magnetar will be answered within fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Magnetar will respond within fourteen (14) days with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed response.
13.4. The Consumer must give Magnetar at least four (4) weeks to resolve the complaint in mutual consultation. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
13.5. If Magnetar finds a complaint to be justified, Magnetar will, at its discretion, either replace or repair the delivered Goods free of charge.
Article 14. Choice of Law and Forum
14.1. All Distance Agreements are exclusively governed by Dutch law, even if the Consumer resides abroad.
14.2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Article 15. Additional or Deviating Provisions
15.1. Any additional or deviating provisions from these General Terms and Conditions may not disadvantage the Consumer and must be recorded in Writing or in such a manner that they can be stored by the Consumer in an accessible way on a Durable Data Carrier.