Terms and Conditions (GTC)
1. Preamble
Circularful GmbH, Leystraße 50/23, 1200 Vienna, FN 584157f, (hereinafter “MATR”) specializes in the trading of mattresses and the provision of services in this context.
These General Terms and Conditions (hereinafter “Terms and Conditions”) deal with trading via the MATR web shop. However, these terms and conditions can also be used in offline trading. The customers are usually consumers within the meaning of Section 1 Paragraph 1 Z 2 KSchG but also entrepreneurs within the meaning of Section 1 Paragraph 1 Z 1 KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention to discriminate. All genders are addressed equally.
2. Scope
All business relationships between MATR and the customer are subject to these General Terms and Conditions in the version valid at the time the transaction is concluded. These terms and conditions supersede any general terms and conditions of the customer. These General Terms and Conditions can be permanently saved and/or printed out by the customer on their computer for the purpose of online ordering. The contract, order and business language is German or English (depending on selection).
3. Requirements for use of the web shop
In order to be able to purchase goods electronically from MATR, customers may need to register in the online shop. During the course of the business relationship, the customer must provide true and complete information and always keep his data up to date. He must treat his data confidentially and protect it from access by unauthorized persons. If the customer suspects misuse by third parties, he must inform MATR immediately.
The customer must refrain from taking any measures that could endanger or impair the technical provision of the online shop (including cyber attacks).
Alternatively, the contractual relationship is concluded through acceptance of the offer addressed to the customer. In this case, the General Terms and Conditions form an integral part of the offer addressed to the customer and are deemed to have been effectively agreed upon acceptance of the offer.
4. Offer and conclusion of contract
By clicking on the “ Order with obligation to pay ” button , the customer places a binding order to conclude a contract with MATR. MATR is under no obligation to accept this order. Before finally sending an order, the customer has another opportunity to check for any errors and correct them if necessary.
MATR confirms receipt of an order to the customer by sending an email to the address provided by the customer (“order confirmation”). This email does not constitute acceptance of the order by MATR.
The presentation of the goods and services on the website does not constitute a legally binding offer, but rather only an invitation to place an order (“offer to make an offer”).
MATR reserves the right to check the feasibility of the order within three working days.
MATR can accept offers by confirming acceptance of the offer in another email (“order confirmation”) or by sending the ordered goods. Only then does the contractual relationship with the customer come into being.
If MATR is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks from third suppliers, MATR will inform the customer as soon as possible. In these cases, the delivery period is extended by the duration of the events.
5. Legal capacity and legality
If an order is placed via the goods shop, MATR assumes that the customer has the necessary legal capacity to complete the transaction, legally represents the customer and is authorized to place the order (apparent authority).
6. Payment methods
The prices listed in the goods shop are in EUR - unless another currency is specifically stated. If in doubt, sales tax is not yet included. The amounts stated at the time of ordering apply. MATR will inform the customer again about the prices, taxes and shipping costs in the order summary before completing the order.
The payment methods accepted by MATR are listed on the website. The fee must be paid in advance.
The customer bears the shipping costs unless otherwise agreed. Further information on payment, delivery times and shipping can be found on the website at https://matr.eco/de/liefer/ . MATR's claims become due upon invoicing. If the claims are not paid within 14 days, MATR will charge 4% per year in statutory default interest from the due date. In the event of default, the customer undertakes to reimburse MATR for the reminder and collection costs incurred, to the extent that they are necessary for appropriate legal prosecution. If the customer is an entrepreneur, § 456 and § 458 UGB are relevant.
7. Complaints regarding transport damage and delivery
MATR asks - without prejudice to the right of withdrawal in accordance with point 8 and any warranty rights - that the customer complain to the deliverer about delivered goods with obvious transport damage and to inform MATR of this immediately.
Unless otherwise agreed, delivery is deemed to have been completed and provided as soon as the goods are held ready for unloading at the agreed delivery location [Incoterm: DAP (Delivered At Place)].
8. Right of withdrawal according to FAGG
This right of withdrawal only applies to consumers.
The customer has the right to revoke his contractual declaration or a contract that has already been concluded within fourteen days without giving reasons if the contract was concluded electronically. The cancellation period is fourteen days from the day on which the consumer or a third party named by the consumer who does not act as a carrier acquires possession of the goods.
In order to exercise the right of withdrawal, the customer must inform MATR of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). The customer can use the model cancellation form, which is listed in Appendix IB of the Distance and Away Transactions Act ( https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Rechtesnummer=20008847 ) and also can be accessed on the MATR website.
A declaration of revocation must be sent to the following address:.
Circularful GmbH
Leystrasse 50, Top 23
1200 Vienna
Austria
+43 664 533 90 81
In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired. If this option is used, the customer will be sent a confirmation of receipt of such a revocation. If the customer revokes the contract declaration or a contract that has already been concluded, MATR will retain all payments that it has already received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than that has chosen the inexpensive standard delivery offered by MATR) immediately and at the latest within fourteen days from the day on which notification of the cancellation of this contract was received by MATR.
For the repayment, MATR uses the same payment method that the customer used in the original transaction; under no circumstances will you be charged any fees as a result of this repayment.
The customer bears the direct costs of the return.
If a loss in value of a product is due to the fact that the goods were used in a way that is not necessary to check the quality, the customer is responsible for this loss in value.
9. Retention of title
All goods delivered by MATR remain their property until full payment has been made.
If the customer has not accepted the goods as agreed (delay in acceptance), MATR is entitled to either store the goods, for which an appropriate storage fee can be charged per calendar year commenced, or to deposit them in court at the customer's expense and risk.
10. Liability for damages and warranty
MATR's liability for damage caused by slight negligence is excluded. MATR's liability is limited to the amount of the order value.
MATR is not liable for any lost profits.
If the customer is an entrepreneur, he must observe the regulations regarding the obligation to report defects in accordance with Sections 377 and 381 UGB. This limitation of liability does not apply to personal injuries or damages under the Product Liability Act.
The following are not considered defects within the meaning of warranty law:
- Density fluctuations of up to 10% are common in industry and do not constitute a defect.
- Mold stains/mildew formation and excessive moisture exposure are due to improper treatment or care of the mattress and are caused by heat and moisture build-up or an incorrect indoor climate.
- Damage to a mattress caused by an incorrect, unfitting bed insert or no bed insert at all.
- The mattress and the bed insert form a system. Both components must be coordinated with each other. Likewise, dimensional deviations of up to 2% for panels and cuts over 1 m² do not represent a defect, as fluctuations can never be completely avoided due to the high elasticity of our products. Due to the differences in the raw materials used (extension), possible dimensional tolerances of +/- 2 cm (length + width) to the overall dimensions must be pointed out. They therefore do not constitute grounds for a complaint.
11. Assumption of risk
The risk of loss or damage to the goods is transferred to a consumer (only then) when he or a third party authorized by him to receive them (who is not the carrier) has taken possession of the goods.
If the customer is an entrepreneur, the legal regulations for mail order business apply.
12. Data protection and protection of business and trade secrets
The transfer of data and information to the respective necessary business partners is permitted to the extent necessary to fulfill the contractual relationship, legal obligations and based on predominantly legitimate interests (Article 6 Paragraph 1 lit b, c and f GDPR).
MATR also points out that the customer's data can be processed for advertising purposes based on legitimate interests (Article 6 (1) (f) GDPR).
The customer can object to this form of data processing at any time (Article 21 Paragraph 2 GDPR) .
Further information on the processing of personal data can be found in the data protection declaration.
13. Place of jurisdiction, applicable law and dispute resolution
This contractual relationship is based on Austrian law and is deemed to have been agreed upon. However, this choice of law must not lead to the consumer being deprived of the protection afforded him by the mandatory regulations of his country of residence (see Article 6 Paragraph 2 Rome I-VO). The application of the United Nations Convention on the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) and reference standards is excluded.
The exclusive place of jurisdiction is Vienna.
If the customer is a consumer and has his domicile or habitual residence in the country or is employed in the country, the customer can only be sued before the courts in whose district his domicile, his habitual residence or his place of employment is located.
The possibility of resolving a dispute via an online dispute resolution platform (Article 14 Paragraph 1 S 1 ODR-VO) ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .show&lng=DE ) and national consumer arbitration boards. MATR is not prepared to participate in a dispute resolution procedure before a consumer arbitration board .
(November 2022)