Term and conditions

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Different Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise the right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance agreement related to a series of products and/or services, with the delivery and/or purchase obligation spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
  • Model form: the model withdrawal form that the entrepreneur provides, which the consumer can use when they wish to exercise their right of withdrawal;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance, referred to as MagniEase;
  • Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
  • Technology for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space at the same time;
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

MagniEase
Oder 20 Box G2838
2491DC The Hague
Hello@MagniEase.com
Chamber of Commerce number: 86409395
VAT identification number: NL004253746B28

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, 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 the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these conditions remain in effect for the rest, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as much as possible.
  6. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

  1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This particularly concerns:
    • The price, including taxes;
    • Any possible costs of delivery;
    • The way the agreement will be established and what actions are required for this;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
    • The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
    • Whether the agreement after its conclusion will be archived, and if so, in what way it can be consulted by the consumer;
    • The way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them within the framework of the agreement;
    • The other languages in which, besides Dutch, the agreement can be concluded;
    • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
    • The minimum duration of the distance agreement in the event of a duration transaction.
    • Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • The visiting address of the entrepreneur's business where the consumer can go with complaints;
    • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • Information about guarantees and existing post-purchase service;
    • The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within.