The business – Magma Magnetic Technologies Ltd., O.C. 514562172 (hereinafter: “the Company”).
The website www.MagmaMagnets.com (hereinafter: “the Website”) is operated by the Company and is used as a website for electronic commerce for online sales of industrial magnets and other products as marketed by the Company through the Website (hereinafter: “the products”).
The contents of the Website bylaws apply to any website users, and the use of the masculine is for convenience’s sake only.
Use of the website, including purchase of products through the website, is prohibited to any person under the age of 18, and/or whosoever is not competent to make binding legal actions. By reading and confirming this agreement, the user and/or the buyer declares that they are over the age of 18 and are competent to perform binding legal actions.
The Company has the right to alter the Terms of Use herein, at any time and at its sole discretion, without the need to make give advance warning and/or notice. Such a change is binding on the parties from the moment of its publication and/or update in these bylaws.
The bylaws and Terms of Use apply to any use of the Website in any way, shape, or form, whether by means of computer, handheld computer, cellular device, or any other device.
The images displayed on the Website are for the purpose of illustration only, and the Company and/or the Website are not bound by the images. The Company will do its best to provide products that resemble the images as much as possible.
The Website’s user agrees that they shall have no claims and/or demands against the Company for changes on the Website, including its contents, and/or malfunctions that may occur in the site.
The use of the Website by the users, including ordering and/or purchasing products, constitutes a declaration that the user has read, and approves, the bylaws and Terms of Use for the Website, and that they and/or any of their representatives shall have no suit, claim, or demand against the Company and/or the Website. Those objecting to the bylaws are requested to abstain from using the Website, including purchasing goods and/or services through the Website.
None of the contents of these bylaws shall detract from the provisions of the Consumer Protection Law, 5741 – 1981 (hereinafter: “the Consumer Protection Law”) and the regulations enacted pursuant thereto, to what extent they may apply to the Website, except where these provisions can be made conditional and such a condition was imposed as part of the Website’s operations, whether explicitly or implicitly.
The Company may, at its sole discretion, alter and/or replace the products sold through the Website.
Purchasing products on the Website
The Company reserves the right to alter the prices of the products appearing on the Website, to include the shipping costs, this without the need to make give advance warning and/or notice. The price that the buyer shall be charged is the price as published on the Website at the time the order is completed is full, after the buyer provides their payment details and confirms the order.
The Company reserves the right to offer discounts and/or promotions at its sole discretion, using any means of communication available to it, including by using information given by the buyer while using the site. If the Company chooses to offer discounts and/or promotions using any means of communication available to it the Company may discontinue and/or alter and/or cancel the promotion and/or discount at any time, at its sole discretion.
Payment for the purchase of any goods at the Website is by credit card. The Website accepts all Israeli credit card, including Visa, Isracard, and Diners.
Added to any of the prices of the Website shall be lawful Vat as applicable at time of purchase. Moreover, the prices on the website do not include shipping costs.
The Company shall view the order’s approval as final only after, and conditional on, the charging of the buyer’s credit card. Moreover, the delivery dates shall be calculated only after the approval of the transaction by the credit card company. To remove all doubt, the sending of email to the buyer is not evidence of a transaction, and is not binding on the Website and/or the Company.
Responsibility to ensure payment rests with the buyer and them alone. The Company shall not notify the buyer I the case where a transaction is not approved by the credit company.
In order to make a purchase at the site, the buyer shall be required to enter their personal detail, including name and surname and/or company and O.C. number, ID number, phone, email address, shipping address, payment details, etc. By entering these details the buyer confirms the details have been given by him and confirm that they have been given willingly.
In the event that the buyer provides erroneous and/or incomplete details, the order shall not be fulfilled by the Company, and, moreover, the Company is not obligated to provide any product or service in such as case, and the buyer shall have no claim against the Company or the Website on this matter.
The Website and/or the Company reserve the right to prevent any person and/or company from using the Website, including purchasing the products, temporarily or permanently, all this at the Company’s sole discretion and without any advanced notice, in any case where the user has performed an illegal action and/or breached any of the terms of these bylaws, and/or any action or inaction that may harm the Company and/or the Website and/or any representative thereof, including any impact on the correct operations of the Website and/or any third party whatsoever.
If a transaction is not approved by the buyer’s credit company, the buyer shall have 5 days from the date of the order to make payment arrangements with the Company and/or any representatives thereof. Should he fail to do so, the company shall see the transaction as canceled.
It shall be stressed that providing false details constitutes a criminal offense and a person doing so may expect to face civil and/or criminal proceedings.
Delivery
Products shall be delivered to an address included in the order details at the time of making the order on the Website.
The shipping fee appearing on the Website shall be collected at the time of the order in addition to the payment for the order.
The order delivery time is up to 30 days with the product shipped to the buyer’s address. In addition, the buyer may collect the product form the Company’s address, subject to arrangements being made in advance.
Shipping costs vary according to product type and shipping area. At the time of the purchase. There are no shipping charges for collecting the product directly from the company’s address.
The Company and/or the Website are not responsible for any delays, including non-delivery, caused by force majeure and/or any event outside the control of the Company and/or the Website, including, but not limited to, strikes, natural disasters, technical malfunctions, excess demand and restrictions caused as a result of emergencies (including the novel coronavirus).
Delivery times include solely business days, i.e., Sun – Thu. To remove all doubt, holiday eves, holidays, Fridays and Saturdays are not considered business days.
The user confirms, and is aware, that the delivery of products to the shipping address listed for the order shall be performed by a delivery company chosen by the Company. Therefore it is clarified that delivery times may change, and the user declares that the Company is not responsible for delays in delivery.
Product delivery by the delivery company shall be done according to that company’s schedule and in coordination with the delivery company. Any delays in product delivery are the full responsibility of the delivery company.
At the time of the product delivery, the Website and/or the Company and/or any representative thereof may demand the presence of the credit card holder during delivery of the item and/or presentation of the card holder’s ID and/or their signature on a receipt as a prerequisite for product handover.
The user must immediately notify the Website and/or the Company in the event that the product is not delivered within the delivery time listed in these bylaws. In the event that the user is not interested in waiting for the product’s arrival beyond the delivery period, the Website will refund them the sum that they paid for that product, subject to the accuracy of their complaints.
The Company declares that it is not obligated to hold all of the products listed on the Website in inventory. If a product has been ordered that does not exist in the Company’s inventory, whether or not the product appears on the Website, the transaction shall be canceled and the Company shall refund the client’s money. It is hereby clarified that in such a case the buyer shall have no claim and/or demand against the Company.
The user declares, and is aware, that they know that, during the ordering of any shipments to areas where access is restricted for security reasons, the Company may provide the products to the buyer at nearby location, with arrangements being made in advance.
Canceling/changing a transaction
Any user is entitled to cancel the transaction pursuant to the provisions of the Consumer Protection Law.
Such a cancelation may only be done by means of a written notice sent to the Company and/or Website.
A transaction can be canceled from the day of the transaction and up to fourteen days from the day of the receipt of the product of the document containing the details listed in Subsection 14c(b) of the Consumer Protection Law, whichever is later, subject to Sections 4.4 and 4.7 of these bylaws.
A buyer may not cancel a transaction for the purchase of certain items as described in Sections 14(c) and 14(d) of the Consumer Protection Law, and Section 6(a) of the Consumer Protection Regulations (Cancelation) 5771 – 2010.
Within 14 days of the date of receiving the cancelation notice, the buyer shall have returned to them the sum they had paid for the product, offsetting cancelation fees (including shipping and packaging costs) at a rate of 5% of the sum of the transaction or 100 NIS, whichever is lower. In the case of the cancelation of a transaction for a defect or a mismatch, the buyer shall not be charged any cancelation fee.
The provisions of the Consumer Protection Law regarding the cancelation of a transaction on the buyer’s side, including the duty to return a product, shall also apply. It shall be clarified that a product return shall be completed with the product in its original packaging, new, free of any signs of usage and damage, and conditional on attaching an original receipt only.
It is hereby clarified that, pursuant to the provisions of the Consumer Protection Law, the abovementioned right to return a product shall not apply to perishable goods, i.e. those goods that, upon their delivery to the client, cannot be reused or delivered to a different client, or those goods that lose their value by the time they are returned, or those goods that may spoil before their return.
The company and/or the Website may, at their sole discretion, cancel or stop a transaction and/or sale, in whole or in part and/or discontinue site operation, for any reason and at any time. Notice of such a stoppage or cancelation shall be given to the user or buyer, and the Company shall abstain from charging the buyer’s credit card or refund to them any sum paid for the products if any.
In such a case, the user or buyer shall have no claim, suit, and/or demand against the Company and/or Website, except for the return of the transaction sum.
In the event that the client is entitled to a refund, the Company shall credit the account appearing in the canceled order. In the event that the account cannot be credited for any reason whatsoever, the client shall have a credit balance at the Website, which they shall be able to make use of, at any time, to make a purchase at the site.
In the event that a transaction had been canceled by the client, subject to a confirmation of the cancelation by the Company and/or Website, the client shall return to the company the products in the canceled order, and any costs related to the return of the products to the Company’s offices shall be borne by the client alone.
All of the above is subject to the Consumer Protection Law.
Any notice of cancelation and/or changes in an order shall be given to the company in one of the following ways:
a) Email address: trade@magmamagnets.com
b) Phone number: + 972-77215092
c) Fax: +972-46753626
It is hereby clarified that none of the above may be construed to detract from the Company’s right to sue for damages for a reduction in the product’s value as a result of a substantial worsening of its condition.
Liability
The Company shall do its best to provide quality products on time. The Company shall not be held responsible for any damages caused by delays in delivery, or as a result of the fact products have been delivered defective, unless the delay or defect arise from the Company’s negligence, in which case damages shall be limited to the order’s price.
The Company and/or any representatives thereof cannot be held liable, directly and/or indirectly for any damages arising from and/or related to the use of the Website and/or its performance, including in any case where a buyer’s order has not been received for any reason whatsoever and/or a technical problem preventing the user from making an order and/or performing another action at the site. The Company is obligated to make its best effort to maintain correct operations of the site.
All images on the site are for illustration purposes only. Changes and/or inaccuracies may arise as a result of the usage of different types of computer screen, graphics problems, etc. the client declares that they are fully aware that the Company is not liable for errors of any type, including errors in the product description, price, etc. the Company reserves the right to cancel an order that arises from such an error, and the client shall have no complaint and/or claim against the Company and/or the Website in relation thereto.
The Company shall not be liable in any way for any unlawful activities by users of the site undertaken during the sales thereon and/or the site’s regular operations and/or for any other cause that is not under its full control.
The Company is not liable for contents appearing at links on the website, if any, leading to other sites (Whether or not those sites are active).
The user agrees that, should they act in contravention to the provisions of these bylaws, they shall compensate the Company and/or its management and/or employees and/or any representatives thereof for any damages, losses, payments, lost profits or any other expenses incurred by the Company as a result of such a breach. In addition, the user shall be required to compensate the Company, its employees and/or any representatives thereof for any claim, suit, or demand made against them by any third party as a result of any use in contravention of the provisions thereof.
The Company is not liable for any use of the product by the user and/or any other person against its manufacturer’s manual.
If a product must be replaced, the client shall bear the costs of its transportation.
In any event, the Company’s liability shall be limited to the value of the products bought by the user, and the Company shall not be liable for any indirect / consequential damages.
In any event where a clerical error occurs in a product description, said description shall not be binding on the Company and/or any representatives thereof.
It is hereby clarified that the strength testing of any products is a laboratory test, and that results of the product’s use in the field might not necessarily be the same.
Information and privacy
By making the order, the product buyer consents to the Company and/or the Website and/or any representative thereof making use of the information given to them to provide the buyer with information, products, and services related to the Company’s products.
The Company and/or the Website and/or any representatives thereof may use the information given to them by the buyer for market research and similar purposes.
The Company and the Website make use of accepted safety precautions to protect information confidentiality as much as possible. The Company shall not hand over personal details except by court order, or otherwise subject to the applicable laws.
Making the order constitutes consent by the client to forfeit any claims and/or demands and/or suits against the Company and/or the Website for the use of the abovementioned data, including claims under the Privacy Law 5741 – 1981 and the Computers Law 5755 – 1995.
All of the user’s personal details (name, ID, email, etc.) shall be retained in the company’s databases.
The company may make use of the user’s personal data, without identification of the specific user, for statistical analysis and display and/or hand over the data to other entities, at its sole discretion.
The company shall make no use of the data given to it by the site’s user, other than in accordance with these bylaws.
The user declares that they are aware that the Company and/or the Website are unable to guarantee full immunity from penetration of its computers or exposure of the information stored on them by criminals. If a third party succeeds in penetrating the information stored by the Company and/or misuse it, the user shall have no claim, suit, or demand against the company.
This Website makes use of cookies for its regular operations, including to collect statistical data about the use of the website, to confirm user details, and adapt the Website to your personal preferences, as well as for the purpose of information security.
The company shall be authorized to make use of cookies to provide the user with rapid and efficient service, saving the user the need to enter their personal details anew each time they enter the site.
It shall be clarified that the user/buyer’s personal details are not saved in the Company’s databases, since the Company uses an external provider to process credit card clearance.
Consent to these bylaws constitutes consent to Section 30(b1) and Section 30(c)1 to the Communications Law (Telephony and Broadcasting) 5742 – 1982.
From time to time the Company may offer the user various goods or services, as well as make use of their information for the purposes of direct mail marketing, including through the mail and/or email and/or text messages and/or the Company’s Facebook and/or Instagram account, whether by the Company itself or by a representative thereof, or for data analysis, all this subject to the Privacy Protection Law 5741 – 1981 and the Communications Law (Telephony and Broadcasting) 5742 – 1982 or any other applicable law.
A user not interested in receiving or making use of the cookies may block them at any time by changing their user settings. Part of the cookie files may expire when the user closes the browser or application they are using, and others may be saved in the compute or device memory. The user is able to delete these files at any time, even if they were saved on their end. It is suggested to do so only if the user is persuaded that they do not want to have the Website, the content and services therein, adapted to their preferences.
A user interested in requesting to have their details removed from the Company and/or the Website mailing list, may do so at any time by clicking the removal link at the bottom of any advertising message sent to them from the Website and/or the company. In addition, the user may send a removal request to the Company address appearing in this agreement.
Intellectual property
The Company owns the copyright for the Website, including its name, contents, design, and any other contents on the Website used for its operations.
All information and/or contents on the Website, including designs, illustrations, etc. are the sole property of the Company and/or the Website. Copying, photographing, distributing, displaying in public or handing over to a third party any of the above is prohibited.
All of the Company’s intellectual property rights, including, but not limited to, the Company’s name, the Website’s domain name (www.magmamagnets.com), any trade marks, whether registered or otherwise, the logo, advertisements, any information and/or displays on the site, patents, models, methods, commercial secrets, Website design, databases, product details, Website source code, and any other details related to the Website’s operation are the sole exclusive property of the Company and are not to be used in any way without receiving the Company’s consent in advance and in writing.
Only legal use may be made of the website. Do not copy, publish, distribute, translate, sell, or market any of the information on the Website without receiving the Company’s consent in advance and in writing and do not permit others to do so.
It shall be clarified that the mention, on the Website, of any name, trademark, product and/or services provided by a third party appears there only as a service to the user, and does not constitute an advertisement, promotion, endorsement and/or any recommendation. The product images are for illustration only. It is clarified that any breach of a third party’s intellectual property rights shall be the responsibility of the relevant supplier and their alone.
Miscellaneous
Any controversy, interpretation, claim and/or suit arising from the above Terms of Use shall be made subject to the laws applying in the State of Israel and the exclusive jurisdiction shall rest with the appropriate court in Tiberias and/or the Northern District.
Chapter hearings in the Terms of Use are for the sake of convenience only, and are not to be seen as binding and/or as an aid in interpreting the Terms of Use.
The Company failing to / abstaining from enforcing any of the rights or provisions in these bylaws do not constitute forfeiture of enforcing them in the future. If a lawfully authorized court decides, for any reason whatsoever, that any of the provisions in these bylaws are invalid or non-enforceable, the provision in question shall be applied as much as possible, and the other provisions of the Bylaws shall apply.
The date recorded in the Company computers for any specific purpose is the determining date for all intents and purposes.
Without retracting from the contents of these bylaws, the user is aware, and hereby agrees and confirms that the statute of limitations for any claim and/or suit and/or demand against the Company and/or third parties in relation to the use of the Website by the user and/or the products appearing on the Website, shall be limited to a period of 6 months, and all parties view this as a statute of limitations agreement as described in Section 19 of the Limitations Law, 5718 – 1958.
Any notice and/or legal documents sent to the Website and/or the Company shall be considered to have been delivered only 7 business days after being sent to the Company offices by registered mail with delivery confirmations.
For questions regarding these bylaws and/or any of their provisions, and/or complaints regarding any malfunctions at the site, use the “Contact us’ tab on the Website.
