1. Preamble

Circularful GmbH, Leystraße 50/23, 1200 Vienna, FN 584157f, (hereinafter "MATR") specializes in the trade of mattresses and the provision of related services.

These General Terms and Conditions (hereinafter "GTC") govern trade via the MATR online shop. These GTC can also be used for offline trading. Customers are generally consumers within the meaning of Section 1 (1) (2) of the Consumer Protection Act (KSchG), but also businesses within the meaning of Section 1 (1) (1) of the Consumer Protection Act (KSchG).

For the sake of readability, gender-specific differentiation has been omitted. This is done without any intention of discrimination. All genders are addressed equally.

2. Scope

All business relationships between MATR and the customer are subject to these Terms and Conditions in the version valid at the time of the transaction. These Terms and Conditions supersede any general terms and conditions of the customer. These Terms and Conditions may be permanently saved and/or printed by the customer on their computer for the purpose of online ordering. The contract, order, and business language is German or English (depending on the customer's choice).

3. Conditions of use for the webshop

In order to purchase goods electronically from MATR, customers may need to register in the online shop. The customer must provide true and complete information during the business relationship and keep their data up to date at all times. They must treat their data confidentially and protect it from unauthorized access. Should the customer suspect misuse by third parties, they must notify MATR immediately.

The customer must refrain from any measures that could endanger or impair the technical provision of the online shop (including cyber attacks).

Alternatively, the contractual relationship is established upon 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 upon acceptance of the offer.

4. Offer and conclusion of contract

By clicking the " Place order with payment " button, the customer places a binding order to conclude a contract with MATR. MATR is not obligated to accept this order. Before finally submitting an order, the customer has one more opportunity to review it for any errors and correct them if necessary.

MATR will confirm 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 goods and services on the website does not constitute a legally binding offer, but merely an invitation to order (“offer to make an offer”).

MATR reserves the right to verify the feasibility of the order within three working days.

MATR may accept offers by confirming acceptance of the offer in a further email ("order confirmation") or by sending the ordered goods. Only then does the contractual relationship with the customer come into effect.

If MATR is prevented from meeting the delivery deadline due to force majeure (e.g., natural disasters or epidemics) or delivery bottlenecks from third-party suppliers, MATR will notify the customer as soon as possible. In these cases, the delivery deadline will be 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 purchaser has the necessary legal capacity to conclude the transaction, legally represents the customer and is authorized to place the order (apparent authority).

6. Terms of payment

The prices listed in the product shop are in euros, unless a different currency is explicitly stated. In case of doubt, sales tax is not included. The amounts stated at the time of ordering apply. MATR informs 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. Fees are payable in advance.

Shipping costs are borne by the customer unless otherwise agreed. Further information regarding payment, delivery times, and shipping can be found on the website at https://matr.eco/de/lieferung/ . MATR's claims are 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 agrees to reimburse MATR for any reminder and collection fees incurred, insofar as they are necessary for appropriate legal action. If the customer is an entrepreneur, Sections 456 and 458 of the Austrian Commercial Code (UGB) apply.

7. Complaints regarding transport damage and delivery

MATR requests – without prejudice to the right of withdrawal as defined in Section 8 and any warranty rights – that the customer complain to the deliverer about any goods delivered with obvious transport damage and inform MATR immediately.

Unless otherwise agreed, delivery shall be deemed to be completed and rendered as soon as the goods are ready for unloading at the agreed place of delivery [Incoterm: DAP (Delivered At Place)].

8. Right of withdrawal according to FAGG

This right of withdrawal applies only to consumers.

The customer has the right to revoke their contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The revocation period shall be fourteen days from the day on which the consumer or a third party designated by the consumer, other than the carrier, acquires possession of the goods.

To exercise the right of withdrawal, the customer must notify MATR of their decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post or email). The customer may use the model withdrawal form provided in Annex IB of the Distance and Doorstep Selling Act ( https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847 ) and also available on the MATR website.

A declaration of revocation must be sent to the following address:.

Circularful GmbH

Leystrasse 50, Top 23

1200 Vienna

Austria

info@matr.eco

+43 664 533 90 81

To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. If this option is used, the customer will be sent a confirmation of receipt of such a cancellation. If the customer cancels the contract or a contract that has already been concluded, MATR must refund all payments already received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a delivery method other than the inexpensive standard delivery offered by MATR), immediately and at the latest within fourteen days from the date on which MATR received the notification of the cancellation of this contract.

For the refund, MATR will use the same means of payment that the customer used for the original transaction; under no circumstances will you be charged any fees for this refund.

The customer shall bear the direct costs of the return shipment.

If a loss of value of a product is due to the fact that the product has been used in a way that is not necessary to check its quality, the customer is liable for this loss of 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 (default of acceptance), MATR is entitled to either store the goods, for which a reasonable storage fee may be charged for each calendar year or part thereof, or to deposit them in court at the customer's expense and risk.

10. Liability for damages and warranty

MATR's liability for damages caused by slight negligence is excluded. MATR's liability is limited to the value of the order.

MATR is not liable for any lost profits.

If the customer is a business owner, he or she must observe the provisions regarding the obligation to notify defects pursuant to Sections 377 and 381 of the Austrian Commercial Code (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 the industry and do not constitute a defect.
• Mold stains/mold growth and excessive moisture exposure are due to improper treatment or care of the mattress and are caused by heat and moisture buildup or an incorrect room climate.
• Damage to a mattress caused by an incorrect, ill-fitting, or no bed insert.
• The mattress and bed base form a system. Both components must be coordinated. Likewise, dimensional deviations of up to 2% for panels and cut pieces larger than 1 m² do not constitute a defect, as fluctuations can never be completely avoided due to the high elasticity of our products. Due to differences in the raw materials used (expansion), possible dimensional tolerances of +/- 2 cm (length + width) on the overall dimensions must be noted. These therefore do not constitute grounds for complaint.

11. Assumption of risk

The risk of loss of or damage to the goods shall pass to the consumer (only when) the consumer or a third party authorized to receive the goods (who is not the carrier) has taken possession of the goods.

If the customer is an entrepreneur, the statutory 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 required business partners is permitted to the extent necessary to fulfil the contractual relationship, legal obligations and due to predominantly legitimate interests (Article 6 (1) (b), (c) and (f) GDPR).

MATR further points out that customer data may 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 (Art 21 para 2 GDPR) .

Further information on the processing of personal data can be found in the privacy policy.

13. Place of jurisdiction, applicable law and dispute resolution

This contractual relationship is governed by Austrian law and is deemed to be agreed upon. However, this choice of law may not deprive the consumer of the protection afforded by the mandatory provisions of his or her country of residence (see Article 6(2) of the Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules is excluded.

The exclusive place of jurisdiction is Vienna.

If the customer is a consumer and has his or her residence or habitual abode in the country or is employed in the country, the customer can, by way of derogation, only be sued before the courts in whose district his or her residence, habitual abode or place of employment is located.

Please note the possibility of dispute resolution through an online dispute resolution platform (Article 14 (1) (1) of the ODR Regulation) ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE ) and national consumer arbitration boards. MATR is not willing to participate in dispute resolution proceedings before a consumer arbitration board.

(November 2022)