**Article 1. General**
1.1. Correspondence and visiting address: Eeuwlandseweg 9d, 8181 LM Heerde, Netherlands (Tel: +13 6 50678719; Email: [email protected]).
1.2. The general terms and conditions are also filed with the Chamber of Commerce and can be consulted via www.magnetarheat.com.
**Article 2. Definitions and Applicability**
2.1. In these general terms and conditions, the following definitions apply:
a. **General Terms and Conditions**: these General Terms and Conditions.
b. **Cooling-off Period**: the period during which the Consumer can exercise their right of withdrawal.
c. **Consumer**: the natural person not acting in the course of a profession or business who enters into a distance contract with Magnetar.
d. **Durable Medium**: any means that allows the Consumer or Magnetar to store information directed personally to them in a way that enables future consultation and unaltered reproduction of the stored information.
e. **Right of Withdrawal**: the Consumer’s option to withdraw from the distance contract within the Cooling-off Period.
f. **Magnetar**: Magnetar, located at Eeuwlandseweg 9d, 8181 LM Heerde, registered with the Chamber of Commerce under number 66953456.
g. **Model Withdrawal Form**: the withdrawal form provided by Magnetar to be completed by the Consumer when exercising their Right of Withdrawal.
h. **Distance Contract**: the agreement between Magnetar and the Consumer concluded through a system organized by Magnetar for the remote sale of Goods, where exclusive use is made of one or more means of remote communication, subject to these General Terms and Conditions.
i. **Written**: any form of electronic communication directed to [email protected] is also considered Written under these General Terms and Conditions.
j. **Means of Remote Communication**: a tool that can be used to conclude a Distance Contract without Magnetar and the Consumer being physically present in the same location.
k. **Website**: www.magnetarvismagneet.nl.
l. **Goods**: all goods that Magnetar has agreed to deliver.
2.2. These General Terms and Conditions apply to all offers, quotations, orders, and Distance Contracts between Magnetar and the Consumer.
2.3. The applicability of the Consumer’s purchasing or other conditions is expressly rejected.
2.4. Before concluding a Distance Contract, 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 Contract is concluded that the General Terms and Conditions are available at Magnetar and will be sent free of charge upon request.
2.5. If the Distance Contract is concluded electronically, in deviation from Article 2.4, the text of these General Terms and Conditions will be made available electronically in such a way that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be accessed electronically or will be sent free of charge before the Distance Contract is concluded.
2.6. If specific product or service conditions apply in addition to these General Terms and Conditions, Articles 2.4 and 2.5 apply similarly, and the Consumer may always invoke the most favorable provision in case of conflicting terms.
2.7. Deviations from these General Terms and Conditions are only valid if expressly agreed in Writing between Magnetar and the Consumer.
2.8. In cases not provided for by the Agreement and/or these General Terms and Conditions, Magnetar will make a reasonable arrangement.
2.9. The (partial or complete) invalidity or unenforceability of one or more Articles of these General Terms and Conditions does not affect the validity or enforceability of the remaining Articles. If an Article is found to be invalid or unenforceable, Magnetar will replace the invalid or unenforceable part with a valid and enforceable Article that closely reflects the original intent of the invalid or unenforceable part.
2.10. Any ambiguities regarding the interpretation or content of one or more Articles of these General Terms and Conditions should be interpreted in the spirit of these General Terms and Conditions.
**Article 3. Offers and Quotations**
3.1. The offers and quotations made by Magnetar are non-binding. Magnetar reserves the right to modify or adjust the offer. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
3.2. Every offer contains sufficient information so that the Consumer can clearly understand their rights and obligations associated with accepting the offer. This includes in particular:
(i) The price of the Goods (including VAT);
(ii) The (possible) shipping costs of the Goods;
(iii) The method by which the Distance Contract will be concluded and what actions are required;
(iv) Information regarding the applicability of the Right of Withdrawal;
(v) The method of payment, delivery, and execution of the Distance Contract;
(vi) The acceptance period of the offer or the period during which Magnetar guarantees the price;
(vii) The rate for remote communication if it is calculated differently than the regular base rate for the used communication method;
(viii) Whether the Distance Contract will be archived after conclusion and, if so, how it can be accessed by the Consumer;
(ix) How the Consumer can check and correct the data provided before concluding the Distance Contract;
(x) The (possible) other languages in which the Distance Contract can be concluded, in addition to Dutch;
(xi) The codes of conduct to which Magnetar has adhered and how the Consumer can electronically access these codes.
3.3. If Magnetar uses images, they will provide a truthful representation of the offered Goods and/or services.
3.4. Apparent mistakes or errors in the offer do not bind Magnetar.
3.5. The Distance Contract is concluded, subject to the provisions of Article 3.8., when the Consumer accepts the offer and meets the stated conditions.
3.6. If the Consumer accepts the offer electronically, Magnetar will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by Magnetar, the Consumer may dissolve the Distance Contract. The order confirmation sent by Magnetar is considered to have been received by the Consumer once Magnetar has sent it. Any incorrectness in the Consumer’s provided email address is at their own risk.
3.7. In the case of electronic conclusion of the Distance Contract, 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 take appropriate security measures.
3.8. Within legal frameworks, Magnetar may obtain information about the Consumer’s ability to meet their payment obligations, as well as any other relevant facts for responsibly concluding the Distance Contract. If Magnetar has sufficient grounds based on this investigation to not conclude the Distance Contract, it is entitled to refuse the order or request, with justification, or impose special conditions on the execution.
3.9. At the latest upon delivery of the Goods, Magnetar will provide the following information to the Consumer, either in writing or in a manner that allows the Consumer to store it accessibly on a durable medium:
(i) The address of Magnetar’s establishment where the Consumer can direct complaints;
(ii) The conditions and methods for submitting complaints, or a clear statement regarding the exclusion of the Right of Withdrawal;
(iii) Information about warranties and existing after-sales service, and
(iv) The details included in Article 3.2., unless Magnetar has already provided this information to the Consumer before executing the Distance Contract.
3.10. The contract is concluded under the suspensive condition of sufficient availability of the relevant Goods.
**Article 4. Right of Withdrawal**
4.1. Upon purchasing Goods, the Consumer has the right to dissolve the Distance Contract without providing any reason within fourteen (14) days. This cooling-off period begins the day after the Consumer, or a third party designated by the Consumer and notified to Magnetar, receives the Goods. Magnetar may ask the Consumer for the reason for withdrawal but may not require the Consumer to provide any reason(s).
4.2. During the cooling-off period, the Consumer shall handle the Goods and their packaging with care. The Consumer shall only unpack or use the Goods to the extent necessary to assess whether they wish to keep the Goods. The guiding principle is that the Consumer may only handle and inspect the Goods as they would in a physical store.
4.3. The Consumer is only liable for any decrease in the value of the Goods resulting from handling them in a manner beyond what is allowed under Article 4.2.
4.4. The Consumer is not liable for any decrease in the value of the Goods if Magnetar has not provided all legally required information about the right of withdrawal before or at the conclusion of the Distance Contract.
4.5. If the Consumer wishes to exercise their right of withdrawal, they must notify Magnetar in Writing within fourteen (14) days of receiving the Goods. The notification must be made in Writing. After notifying Magnetar of their intent to withdraw, the Consumer must return the Goods within fourteen (14) days. The Consumer must prove that the Goods were returned in time, for example, by providing proof of shipment. As soon as Magnetar has been notified of the Consumer’s intention to dissolve the Distance Contract and the conditions of Article 4.5 have been met, Magnetar will confirm the dissolution of the Distance Contract by email.
4.6. If the Consumer exercises the right of withdrawal, they must return the Goods undamaged, with all accompanying accessories, and in their original condition and packaging, following the reasonable and clear instructions provided by Magnetar.
4.7. If the Goods have decreased in value because the Consumer has done more than necessary to assess the nature, characteristics, and functioning of the Goods, Magnetar is entitled to deduct this decrease in value from the amount received from the Consumer. Decrease in value may occur, for example, if the Goods are magnets and the Consumer has allowed iron filings to be attracted to them or has allowed the magnets to strike each other, causing damage.
4.8. If Magnetar allows the Consumer to notify the withdrawal in Writing, Magnetar will send the Consumer a confirmation of receipt of this notification without delay.
4.9. Magnetar will refund the amount received from the Consumer, minus any decrease in value, as soon as possible but no later than fourteen (14) days after the dissolution of the Distance Contract, provided that the Goods have been returned to Magnetar or the Consumer has provided proof that the Goods have been returned.
4.10. Magnetar will use the same payment method for the refund that 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 (additional) Distance Contracts will be automatically dissolved.
**Article 5. Costs in Case of Withdrawal**
5.1. If the Consumer exercises their right of withdrawal, only the direct costs of returning the Goods will be borne by the Consumer.
5.2. If the Consumer has made any payment, Magnetar will refund this amount as soon as possible, but no later than fourteen (14) days after the withdrawal, provided that the Goods have been received by Magnetar or 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 is only applicable if Magnetar has clearly stated this in the offer or, at the latest, prior to the conclusion of the Distance Contract.
6.2. Exclusion of the Right of Withdrawal is only possible for Goods: (i) That have been produced by Magnetar according to the Consumer’s specifications; (ii) That are clearly personal in nature; (iii) That, by 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 for shipping and delivery of the Goods.
7.3. Price increases within three (3) months of the conclusion of the Distance Contract are only permitted if they result from statutory regulations or provisions.
7.4. Price increases after three (3) months of the conclusion of the Distance Contract are only allowed if:
(i) They result from statutory regulations or provisions, or
(ii) The Consumer has the right to terminate the Distance Contract from the day the price increase takes effect.
7.5. The prices mentioned in the offer for Goods include VAT.
7.6. Unless otherwise agreed, the amounts due by the Consumer must be paid within fourteen (14) days after the start of the cooling-off period as mentioned 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 claim any rights regarding the execution of the order until the advance payment has been received by Magnetar.
7.8. The Consumer is obliged to promptly notify Magnetar of any inaccuracies in the provided or stated payment details.
7.9. In the event of non-payment by the Consumer, Magnetar is entitled—subject to legal limitations—to charge the reasonable costs previously communicated to the Consumer.
7.10. If the Consumer fails to meet their payment obligation(s) on time, and after being notified by Magnetar of the late payment and given a period of fourteen (14) days to fulfill their payment obligations, the Consumer will owe statutory interest on the outstanding amount after the expiration of this fourteen (14)-day period. Magnetar is also entitled to charge the extrajudicial collection costs incurred. These collection costs will amount to a maximum of: fifteen percent (15%) on amounts due up to €2,500.00; ten percent (10%) on the next €2,500.00; and five percent (5%) on the following €5,000.00, with a minimum of €40.00.
**Article 8. Conformity and Warranty**
8.1. Magnetar guarantees that the Goods comply with the Distance Contract, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Distance Contract. If agreed, Magnetar also guarantees that the Goods are suitable for uses other than normal usage.
8.2. Any warranty provided by Magnetar, the manufacturer, or importer does not affect the statutory rights and claims the Consumer may assert against Magnetar under the Distance Contract.
8.3. Any defects or incorrectly delivered Goods must be reported in Writing by the Consumer to Magnetar 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 explicitly stated warranty conditions, all warranties are void if a defect in the Goods results from an external cause or is otherwise not attributable to Magnetar. This includes, but is not limited to, defects resulting from damage, improper or careless use, use in violation of the usage or application instructions, use contrary to Magnetar’s other instructions, and repairs or other alterations to the Goods carried out without prior permission from Magnetar.
**Article 9. Privacy**
9.1. With regard to its integrity and privacy policies, Magnetar adheres to 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 location will be the address provided by the Consumer to Magnetar. If no delivery address is specified, the billing address will be used as the delivery address. If it is expressly agreed that the Goods will be available for pickup at Magnetar’s location, pickup will occur only on a date or time mutually agreed upon in Writing.
10.3. If the delivery of Goods is delayed due to the Consumer’s failure to provide necessary information or other circumstances attributable to the Consumer, Magnetar is entitled to extend the delivery period as reasonably required by the circumstances and charge the Consumer for any resulting costs.
10.4. Subject to the provisions of Article 8.2, Magnetar will process accepted orders promptly, but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or only partially fulfilled, the Consumer will be informed within 30 days of placing the order. In such cases, the Consumer has the right to cancel the Agreement without incurring any costs and may be entitled to compensation.
10.5. All delivery periods are indicative. The Consumer cannot derive any rights from any stated delivery periods. Exceeding a delivery period does not entitle the Consumer to compensation.
10.6. In the event of dissolution in accordance with Article 10.4, Magnetar will refund any payments made by the Consumer as soon as possible, but no later than fourteen (14) days after dissolution.
10.7. If the delivery of an ordered Good is impossible, Magnetar will make efforts to provide a replacement. The Consumer will be clearly informed at the time of delivery that a replacement Good is being provided. The Right of Withdrawal cannot be excluded for replacement Goods. Any costs for returning the replacement Goods are at the Consumer’s expense.
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 designated by the Consumer and known to Magnetar, unless otherwise agreed.
10.9. Magnetar reserves the right to deliver orders in parts. In such cases, the Consumer’s Right of Withdrawal for the entire order will not expire until fourteen (14) days after receiving the last part of the delivery.
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 or fails to provide the necessary information or instructions required for delivery, they will be liable for the agreed price, reasonable storage costs, and potential removal of the Goods.
**Article 11. Long-term Transactions: Duration, Termination, and Renewal**
11.1. The Consumer may terminate an Agreement that has been entered into for an indefinite period and that involves the regular delivery of Goods, at any time, subject to the agreed-upon termination rules and with a notice period of no more than one (1) month.
11.2. The Consumer may terminate an Agreement that has been entered into for a fixed period and that involves the regular delivery of Goods, at the end of the fixed period, subject to the agreed-upon termination rules and with a notice period of no more than one (1) month.
11.3. In the Agreements mentioned in Articles 11.1 and 11.2, the Consumer: (i) may terminate at any time and will not be restricted to terminate at a specific time or during a specific period, (ii) must be able to terminate in the same way the Agreement was entered into, and (iii) must always be able to terminate with the same notice period that Magnetar has for itself.
11.4. An Agreement entered into for a fixed period that involves the regular delivery of Goods cannot be tacitly renewed or extended for a fixed period.
11.5. If the Agreement has a duration 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 period.
**Article 12. Force Majeure**
12.1. In addition to what is defined by law, force majeure includes all circumstances (foreseen and unforeseen) beyond the control or influence of Magnetar that affect the fulfillment of obligations.
12.2. Circumstances considered as force majeure include, but are not limited to: war, terrorism, riots, mobilization, civil and international unrest, government measures, strikes within the Consumer’s organization or threats thereof, disturbances in currency exchange rates existing at the time of the Agreement, business disruptions due to fire, burglary, sabotage, natural disasters, and similar events, as well as weather conditions, road blockages, accidents, transport difficulties, supply issues, and failures of automation or electricity, and the like.
12.3. In the event of a force majeure situation, the obligations of both Magnetar and the Consumer are suspended.
12.4. If the performance of the Distance Contract becomes permanently impossible due to force majeure, both parties are entitled to dissolve the Distance Contract with immediate effect.
**Article 13. Complaints**
13.1. Magnetar has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
13.2. Complaints regarding the Goods must be reported to Magnetar in Writing with a clear and detailed description within five (5) days of discovery by the Consumer.
13.3. Complaints submitted to Magnetar will be answered within fourteen (14) days from the date of receipt. If a complaint requires a longer processing time, Magnetar will acknowledge receipt within fourteen (14) days and provide 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 by mutual agreement. If the complaint cannot be resolved through mutual consultation, a dispute subject to the dispute resolution process arises.
13.5. If a complaint is deemed valid by Magnetar, Magnetar will, at its discretion, either replace or repair the delivered Goods free of charge.
**Article 14. Governing Law and Jurisdiction**
14.1. All Distance Contracts are governed exclusively by Dutch law, even if the Consumer resides abroad.
14.2. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
**Article 15. Additional or Deviating Provisions**
15.1. Any additional or deviating provisions from these General Terms and Conditions must not disadvantage the Consumer and must be recorded in Writing or in a manner that allows the Consumer to store them accessibly on a Durable Medium.