General terms and conditions
Incumbent: MAGNETAR PLUS,S.L.
Company Address: Calle Prim, 123 08911.BADALONA (BARCELONA) .SPAIN
Barcelona Companies Register, Volume 45921, Sheet 116, Page B 5003052 1st
Below are the general conditions of sale that are assumed in the contractual relationship between the user of this website: magnetar and the seller ,Magnetar Plus,SL. In these conditions we will refer to the user of MAGNETAR as “user” or “you” and the seller as “Magnetar”.
It should be noted that MAGNETAR PLUS,S.L. reserves the right to modify the information contained in these General Conditions without prior notice, so it is advisable to review these conditions each time you access the MAGNETAR website. Each service or purchase made through this website is governed by the general conditions set out here at the time of the order. When you place an order you must accept without reservation the general conditions of our online shop in order to process it, thus understanding that you know and assume each of the conditions. In the same way, when you access the MAGNETAR website you also assume the conditions of use.
The acceptance of this document implies that the USER:
– Has read, understands, and comprehends what is set forth herein.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all the contracts made through the website of the PROVIDER.
The PROVIDER informs that the commerce is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods or services contracted by the USER is MAGNETAR (MAGNETAR PLUS,S.L.), with registered office in Calle Prim,123 in Badalona (Barcelona ) Spain, and with CIF number B 66994088.
And on the other hand, the USER, registered in the website by means of a user name and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
The USER will select a user name and a password, committing to make a diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or the possible access by an unauthorized third party, so that the latter can proceed to the immediate blocking.
Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transport costs.
10. Payment methods, charges and discounts
11. Purchase process.
12. Applicable guarantees.
13. Warranties and returns
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER will not send any order until it has checked that the payment has been made.
The shipments of goods will usually be made by EXPRESS MESSAGE (EXPRESS MAIL, SEUR, UPS, ASM, REDUR, TRANSAHER, STD, etc.), according to the destination freely designated by the USER.
Delivery dates or periods will be understood to be approximate, and delay does not constitute a fundamental breach. If the PROVIDER has not delivered the goods after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
The current delivery time of the motors is between 6 and 8 months from the order request. This term is understood as long as the availability of the goods has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered to have taken place when the carrier has made the products available to the USER and the USER, or the USER’s delegate, has signed the document of receipt of the delivery.
It is the responsibility of the USER to verify the products upon receipt and to expose all the reservations and complaints that may be justified in the document of receipt of the delivery.
In the case that the hiring does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will inform the USER previously about the procedure to follow to make this download.
Shipments will be made in principle to all countries. Outside the Euro zone, please consult the shipping method and price, which may vary substantially. The order will be sent to the address you indicated at the time of purchase.
MAGNETAR PLUS reserves the right to send a package by a transport company other than the one indicated on the website, without changing the delivery conditions.
3.RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim possible defects or defects that the product.
The USER has a period of fourteen calendar days, counting from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of 27 March). Unless the return is due to a defect in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
1.If the product is not in perfect condition.
2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tapes applied directly to the product is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those, that for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right. All returns must be communicated to the PROVIDER, requesting a return number (RMA) by e-mail to firstname.lastname@example.org, indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, attaching the RMA document correctly filled in (no package will be treated without this document correctly filled in), with the transport costs at his/her expense, to the address of MAGNETAR PLUS,S.L.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
address: Calle Prim, 123 08911.BADALONA (BARCELONA) .SPAIN
5. FORCE MAJEURE
The parts shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be
understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal ofMAGNETAR or stipulated here will have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until the value of the products offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product do not include Value Added Tax (VAT) unless otherwise stated. These prices, unless otherwise expressly indicated, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before finalizing the purchase you can check online all the details of the order: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER implies the issuance of an invoice in the name of the registered USER or of the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product to the e-mail address provided by the user and can be downloaded from his/her customer account when necessary.
For any information about the order, the USER will be able to contact through the customer service phone of the PROVIDER (+34)622.843.708 or via e-mail to email@example.com
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation costs or additional services, unless otherwise agreed in writing.
Shipping costs will be calculated according to the country to send the goods, and will be notified to you at the time of placing the order.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
– Bank transfer: No extra charge will be applied.
– Credit card: No extra charge will be applied.
– PayPal: No extra charge will be applied.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalogue can be added to the basket. In this one, only the articles, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and delivery data entered.
The baskets do not have any administrative link, it is
only a section where you can simulate a budget without any commitment on both
From the basket you can place an order following the following steps for its correct formalization:
1. Click on process purchase.
2. Check the delivery address.
3. Check of the invoicing data.
4. Select the delivery method
5. Accept the general conditions of sale (Read previously).
6. Select the payment method.
7. Finalize the order
Once the order is completed, the system instantly sends an e-mail to the management department of the PROVIDER and to the e-mail previously indicated by the user when filling in the order data.
Orders (purchase requests)
Within a maximum of 24/48 hours, on working days, an email will be sent confirming the status of the order.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise stated in their description. All have a one-year guarantee period as they are industrial consumer goods, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007 of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of 10 July on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proved otherwise, the goods shall be deemed to conform to the contract provided that they meet all the requirements set out below, unless the circumstances of the case make this inapplicable:
a) They comply with the description made by MAGNETAR PLUS.
b) They are suitable for the uses to which the products of the same type are normally put.
c) They are suitable for any special use required by the client when they have made this known to MAGNETAR PLUS. at the time the contract is concluded, as long as the client has admitted that the product is suitable for this use.
d) present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by AMAGNETAR PLUS.
e) MAGNETAR PLUS,S.L. describes the details and technical characteristics and photographs of the products.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by MAGNETAR PLUS,S.L. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. The responsibility for any lack of conformity that the USER knows about or could not have been unaware of at the time of the conclusion of the contract or that has its origin in materials supplied by the USER will not proceed.
II) Responsibility of the PROVIDER
MAGNETAR PLUS,S.L.. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. MAGNETAR PLIUS,S.L.. recognises the right of the USER to repair the product, to replace it, to reduce the price and to cancel the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the USER may choose to have the product repaired or replaced, unless one of these options is impossible or disproportionate. As soon as the USER informs MAGNETAR PLUS. of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement does not bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on MAGNETAR PLUS that are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER.
IV) Rules of repair or replacement of the product
Repair and replacement shall comply with the following rules:
a) They will be free of charge for the USER.
a) They will be free of charge for the USER. This free of charge will include the necessary expenses incurred to correct the non-conformity of the products with the contract as long as they are within the first 14 days of receipt. However, after the first 14 days it is the USER who will cover the shipping costs.
b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the periods referred to in Article VII. The period of suspension will start from the moment the USER makes the product available to MAGNETAR PLUS and will end with the delivery of the repaired product to the USER.
During the six months following the delivery of the repaired product, MAGNETAR will be responsible for the lack of conformity that caused the repair. The same lack of conformity is presumed when defects of the same origin as those initially stated are reproduced in the product.
d) Replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall in any case apply to the replacement product.
e) If, after the repair has been completed and the product has been delivered, it still does not comply with the contract, the USER may demand the replacement of the product, within the limits set out in Article IV, paragraph 2, or the reduction of the price or the cancellation of the contract in accordance with Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits of Article IV, paragraph 2, or the reduction of the price or the termination of the contract in accordance with Articles V and VI.
g) The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and termination of contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or the replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction shall be in proportion to the difference between the value the product would have had at the time of delivery if it had been in conformity with the contract and the value the product actually delivered had at the time of delivery.
VII) Time limits
Unless proved otherwise, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
2. The action to claim compliance with the above articles prescribes three years from the delivery of the product.
3. The USER must inform MAGNETAR PLUS of the lack of conformity within one month of becoming aware of it, with a maximum period of 1 year from the delivery of the product.
Unless there is proof to the contrary, it will be understood that the USER’s communication has taken place within the established period.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER’s domicile.
In case the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce to any other forum, submitting themselves to the Courts and Tribunals closest to the town of Badalona (Spain)