Terms and Conditions

Terms and Conditions

1. Preamble

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

These General Terms and Conditions (hereinafter “GTC”) deal with the trade via the webshop of MATR. However, these GTC can also be used in offline trade.

The customers are usually consumers in the sense of section 1 (1) number 2 KSchG (Austrian costumer protection Act) but also entrepreneurs in the sense of section 1 (1) number 1 KSchG.

For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

2. Scope

All business relations between MATR and the customer are subject to these GTC in the version applicable at the time of the conclusion of the transaction. These GTC supersede any general terms and conditions of the customer.

These GTC may be permanently stored on the customer’s computer and/or printed out by the customer for the purpose of the online order.

The contractual, ordering and business language is German or English (depending on the selection).

3. Terms of use

In order to be able to purchase goods electronically from MATR, customers may have to register in the online shop. In the course of the business relationship, the customer must provide true and complete information and always keep his data up to date. He has to treat his data confidentially and to protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he has to inform MATR immediately.

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

Alternatively, the contractual relationship shall be concluded by acceptance of the offer made to the customer. In this case, the GTC shall form an integral part of the offer made to the customer and shall be deemed to be effectively agreed upon acceptance of the offer.

4. Offering and conclusion of contract

By clicking on the button “Pay now”, the customer places a binding order to conclude a contract with MATR. MATR is not obliged to accept this order. Before the final sending of an order, the customer has the opportunity to check it once again for any errors and to correct it if necessary.

MATR confirms the receipt of an order to the customer by sending an e-mail to the address given by the customer (“order confirmation”). This e-mail does not represent an acceptance of the order by MATR. The presentation of the goods in the online shop does not represent a legally binding offer, but only an invitation to 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 the acceptance of the offer in a further e-mail (“contract confirmation”) or by sending the ordered goods. Only then does the contractual relationship with the customer come into being.

If MATR is prevented from complying with the delivery period due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, MATR will inform the customer of this as soon as possible. In these cases, the delivery period shall 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 customer has the necessary legal capacity to conclude the transaction, legally represents the customer and is authorised to place the order (power of attorney).

6. Payment modalities

The prices listed in the goods shop are in EUR – unless another currency is specifically stated.

In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply in each case. MATR informs the customer again about the prices, taxes and shipping costs in the order summary before the conclusion of the order.

The payment methods accepted by MATR are listed in the webshop. The fee is to be paid in advance.

The customer bears the shipping costs, unless otherwise agreed.

Further information on payment- delivery time and shipping can be found on the website here: www.matr.eco/delivery

The claims of MATR become due with invoicing. If the demands are not paid within 14 days, MATR will demand 4% per year of legal default interest from the day of the maturity. In the event of default, the customer undertakes to reimburse MATR for the reminder and collection costs incurred, insofar as they are necessary for the appropriate prosecution. If the customer is a businessman, section 456 and section 458 UGB (“Austrian business Act”) are relevant.

7. Complaints in the event of transport damage

MATR asks – without prejudice to the right of revocation in the sense of point 8 and any warranty rights – the customer to complain about delivered goods with obvious transport damage to the deliverer and to inform MATR of this immediately.

Unless otherwise agreed, the delivery shall be deemed to be completed and rendered when the goods are held ready for unloading at the agreed place of delivery [Incoterm: DAP (De-livered At Place)].

8. Right to withdrawal pursuant the Austrian “FAGG”

This right of withdrawal only applies only to private consumers.

The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer 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 declaration (e.g. a letter or e-mail sent by post). For this purpose, the customer can use the model withdrawal form, which is listed in Annex I B of the Distance and Outward Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the website of MATR.

A notice of withdrawal should be sent to the following address:

Circularful GmbH
Leystrasse 50, Top 23
1200 Vienna
Austria
[email protected]
+43 664 533 9081

In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the customer will receive a confirmation of the receipt of such a revocation. If the customer revokes the contractual declaration or an already concluded contract, MATR has to refund all payments which it has already received from the customer, including the delivery costs (with the exception of the additional costs which result from the fact that the customer has chosen a type of delivery other than the favourable standard delivery offered by MATR) without delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract has been received by MATR. For the repayment, MATR uses the same means of payment that the customer used for the original transaction; in no case will you be charged for 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 product has been used in a way that is not necessary for checking the quality, the customer is liable for this loss in value.

9. Retention of titel „Eigentumsvorbehalt“

All goods delivered by MATR remain its property until full payment has been made.

If the customer has not taken over the goods as agreed (default of acceptance), MATR is entitled either to store the goods, for which an appropriate storage fee can be charged per calendar year or part thereof, or to deposit them in court at the expense and risk of the customer.

10. Liability and warranty

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

MATR shall not be liable for any loss of profit.

If the customer is an entrepreneur, he must observe the regulations regarding the obligation to notify defects “Mängelrügeobliegenheit” according to sections 377 in connection with section 381 UGB.

This limitation of liability does not apply with regard to personal injury or for damages according to the Austrian Product Liability Act.

Defects in the sense of warranty law do not apply:
– Density fluctuations of up to 10% are common in the industry and do not constitute a defect.
– Mildew stains/mold growth and excessive exposure to moisture are due to improper handling or care of the mattress and are caused by heat and moisture build-up or an incorrect room climate.
– Damage to a mattress caused by an improper, mismatched or no bed insert.
– The mattress and the bed insert form a system. Both components must be matched to each other. Likewise, dimensional deviations of up to 2% for sheets and cuttings larger than 1 m² do not represent a defect, as variations can never be completely avoided due to the high elasticity of our products. Due to the differences in the raw materials used (expansion), we must point out possible dimensional tolerances + / – 2 cm (length + width) on the overall dimension. They are therefore no reason for complaint.

11. Transfer of risk

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

If the customer is an entrepreneur, the legal regulations shall apply.

12. Privacy of protection of business secrets

The transfer of data and information to the respective business partners required is permitted to the extent necessary for the fulfilment of the contractual relationship, legal obligations and on the basis of predominantly justified interests (Art 6 (1) (b), (c) and (f) GDPR).

MATR also draws attention to the fact that the customer’s data may be processed for advertising purposes on the basis of legitimate interests (Art 6 (1) (f) GDPR). The customer may object to this form of data processing at any time (Art 21 (2) GDPR).

Further information on the processing of personal data can be found in the data protection declaration: www.matr.eco/privacy-policy

13. Applicable law and place of jurisdiction

This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 (1) sentence 1 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 a dispute resolution procedure before a consumer arbitration board.
(November 2022)

Imprint pursuant § 5 ECG, § 25 MedienG und § 14 UGB:

Circularful GmbH
Leystrasse 50, Top 23
1200 Vienna
Austria

E-Mail:
[email protected]

Tel.: +43 664 533 9081

VAT: ATU77639003

Member of the Austrian business chamber: https://www.wko.at/

Supervising Authority: Magistrate for the 20th district

Applicable law: Gewerbeordnung: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517

Editorial line: Information about mattresses and the subject of sleeping.

Copyright: These general terms and conditions are protected by copyright. Any exploitation (even of parts only) requires the consent of the author: RA Dr. Tobias Tretzmüller, LL.M. https://www.digital-recht.at/).